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, Monday 28.4.2014 Vaisakha 8, S.E. 1936, Issue No. 177 NOTIFICATIONNo. H. 12017/55/2012-LJD, the 15th April 2014.The following Centra l Act is hereby re-published for general information. The Pension Fund Regulatory and Development Authorit y Act, 2013 (Act No. 23 of 2013) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. THE PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY ACT, 2013 An Act to pr ovide for the establishment of an Authorit y to pr omote old age income securit y by establishing, developing and regulating pension funds, to protect the interests of subscribers to schemes of pension funds and for matters connected therewith or incidental thereto. BE it enacted by Parlia ment in the Sixty-four th Year of the Republic of India as follows:—: CHAPTER I PRE LI M I N ARY 1. (1) This Act may be ca lled the Pension Fund Regula tory and Development Authority Act, 2013. (2) It extends to the whole of India. (3) It shall come into for ce on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided tha t different dates may be appointed for different provisions of this Act and any reference in a ny such provision to the commencement of this Act sha ll be cons trued as a reference to the coming into force of tha t provision.Sho rt title, extent and commencement. - 2 - Ex-177/2014 2. (1) In this Act, unless the context otherwise requires,— (a ) “Authority” mea ns the P ension Fund Regulatory a nd Development Authority established under sub-section (1) of section 3; (b) “central recordkeeping agency” means an agency registered under section 27 to perform the functions of r ecordkeeping, accounting, administra tion and customer service for subscribers to schemes; (c) “Chairperson” means the Chairperson of the Author ity; (d) “document” sha ll include any matter written, expr essed or descr ibed upon any substance by means of letters, figures or mar ks, or by more than one of those means, in printed or in electronic version, which is intended to be used, or which may be used, by the Interim Pension Fund Regulatory and Development Authority, or Authority or an int ermediar y or any other entity connected with the National Pension System, for the purpose of recording that matter; (e) “individual pension account” means an account of a subscriber, executed by a contract setting out the terms and conditions under the National Pension System; (f) “Interim Pension Fund Regulator y and Development Authority” means the Interim Pension Fund R egulator y and Development Authority set up by the Central Government through Resolutions No. F. No. 5/7/2003-ECB&PR, dated the 10th October, 2003 andF.No. l(6)/2007-PR, dated the 14th November, 2008; (g) “intermediary” includes pension fund, central recordkeeping agency, National Pension System Tr ust, pension fu nd adviser, retirement adviser, point of presence and such other p erson or entity connected with collection, management, recordkeeping and distribution of accumulations; (h) “member” means a member of the Authority a nd includes its Chairperson; (i) “ Na tiona l Pension S ystem” means the contributor y pens ion s ystem referred to in section 20 whereby contributions from a subscr iber ar e collected and accumula ted in an individual pension a ccount using a system of points of presence, a centra l recor dkeeping agency and pension funds a s may be specified by r egulations; (j) “Na tiona l Pension System Trust” means the Board of Trustees who hold the assets of subscr ibers for their benefit; (k) “notification” means a notification published in the Official Gazette; (l) “ pension fund” means an intermediary which has been granted a certificate of registration under sub-section (3) of section 27 by the Authorit y as a pension fund for receiving contributions, accumulating them and making payments to the subscriber in the manner as may be specified by r egulations; (m) “Pension Regulatory and Development Fund” means the fund constituted under sub-section (1) of section 40; (n) “point of presence” means an intermediary registered with the Authority under sub-section (3) of section 27 as a point of p resence and capable of elect ronic connectivit y with the central recordkeeping agency for the pur poses of receiving and transmit ting funds and instructions and pay out of funds; (o) “prescr ibed” means pr escribed by r ules ma de under this Act; (p) “regula ted assets” means the assets and properties, both tangible and inta ngible, owned, leased or developed by and other rights belonging to, the central recordkeeping agenc y; (q) “regula tions” means the regulations made by the Authority under this Act; Def initions. (r) “scheme” means a scheme of pension fund approved by the Authority under this Act; (s) “Securities Appellate Tribunal” means a Securities Appellate Tribunal esta blished under sub-section (1) of section 15K of the Secur ities a nd Exchange Board of India Act, 1992; (t) “subscriber” includes a person who subscribes to a scheme of a pension fund; (U) “Subscriber Education and Protection Fund” means the fund constituted under sub-section (1) of section 41; (v) “Trustee Bank” means a banking company as defined in the Banking Regulation Act, 1949. (2) Words and expressions used and not defined in this Act, but defined in— (i) the Insurance Act, 1938; (ii) the Companies Act, 1956; (iii) the Securities Contracts (R egulation) Act , 1956; and (iv) the Securities and Exchange Board of India Act, 1992, sha ll have the meanings respectively assigned to them under those Acts. CHAPTER II PENSION FUND REGULATORYAND DEVELOPMENT AUTHO RITY 3. (1) With effect from such date as the Central Government may, by notification, appoint, there shall be established, for the purposes of this Act, an Authority to be called the Pension Fund Regulatory and Development Author ity. (2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act , to acqu ire, hold and dispose of property, both movable and immovable, a nd to contract and shall, by the said name, sue or be sued. (3) The head office of the Authority shall be in the National Capital Region referred to in clause (f) of section 2 of the Na tional C apital Region Planning Board Act, 1985. (4) T he Aut hority may est ablish offices at other places in India. 4. T he Authority s hall consist of the following Members, namely:— (a) a Chairperson; (b) t hr ee whole-time members; and (c) thr ee p art-time members, to be appoint ed by the Centr al Government from amongst persons of abilit y, integrity and standing and having knowledge and experience in economics or fina nce or law with at least one person fr om each discipline. 5. (1) The Chairperson and every whole-t ime member sha ll hold office for a term of five years from the date on which he enters upon his office and shall be eligible for reappointment: Provided that no person shall hold office as a Chairperson aft er he has atta ined the age of sixty-five years: Provided further that no preson shall hold office as a whole-time member a fter he has atta ined the age of sixty-two years. (2) A part-time member shall hold office as such for a term not exceeding five year s from the date on which he enters upon his office. (3 ) The sa lar y and allowa nces pa yable to, a nd other terms and conditions of s er vice of, t he memb ers ot her t ha n p a r t -t ime memb er s s ha ll b e s u ch a s ma y b e p r es cr ib ed. 15 of 1992. 10 of 1949. 4 of 1938. 1 of 1956. 42 of 1956. 15 of 1992. Establishment and incorporation of Authority. Composition of Authority. Term of of fice and conditions of service of Chairperson and membe rs of Authority. - 3 -Ex-177/2014 2 of 1985. (4) The part -time members s ha ll receive su ch a llowances as may be prescribed. (5) The salary, allowances and ot her conditions of service of a member shall not be varied to his disadvantage aft er his a ppointment. (6) Notwithstanding anything contained in sub-s ection (1) or sub-section (2 ), a member may— (a) relinquish his office, by giving in writing to the Central Government, a notice of not less tha n thirty days; or (b) be removed from his office in accor dance wit h the provisions of section 6. 6.(1) The Central Government may r emove fr om office the Chairperson or any other member who— (a) is, or at any time ha s been, adjudged as insolvent; or (b) has become phys ically or mentally incapable of acting as a member; or (c) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or (e) has, in the opinion of the Central Government, so abused his position as to r ender his continuance in office detrimenta l to the public interest. (2) No such Chairperson or other member shall be removed under clause (d) or clause (e) of sub-s ection (1) unless he has been given a reasonable opportunity of being hear d in t he matter. 7. (1) The Chairperson and the whole-time members shall not, for a period of two year s from the date on which they cease to hold office as such, except with the previous appr oval of the Central Government, accept— (a) any employment either under the Centr al Government or under any State Government; or (b) any appointment in any regula ted entity in the pension sector. (2) The Cha irperson and the whole-time members of the Interim P ension Fund Regulatory and Development Authority holding the office as such before the commencement of this Act, shall not, on and after such commencement, accept any appointment in any regulated entity in the pension sect or for a period of two years from the date on which they cease to hold office as such, except with the previous appr oval of the Centra l Government. 8. The Chairperson shall have the powers of general superintendence and direction in r espect of all adminis trative matters of the Author ity. 9. (1) The Authority shall meet at such times a nd places and shall observe such rules of pr ocedure in regard to the tra nsaction of business a t its meetings (inclu ding quor um at such meetings) a s may be pr ovided by r egulations. (2) The Chairperson or, if for any reason, he is unable to attend a meeting of the Authority, any other member chosen by the members present from amongst themselves at the meeting, sha ll preside at t he meeting. (3) All questions which come up before any meeting of the Author ity shall be decided by a majority of votes by the members pr esent a nd voting, and in the event of an equa lity of votes, the Cha irperson or in his absence, the person presiding shall ha ve a second or ca sting vote. Removal of members from office. Restriction of future employment of members. Adminis trativ e powers of Chairperson. Meetings of Authority.- 4 - Ex-177/2014 (4) If any member, who is a director of a compa ny and who as such director, has any direct or indir ect pecuniary interest in any matter coming up for consideration at a meeting of the Authority, he shall, as soon as possible after r elevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and such disclosure shall b e recor ded in the proceedings of the Author ity, and the member shall not take par t in any deliberation or decis ion of the Authority with resp ect to that matter. 10. No act or proceeding of the Authorit y shall be invalid merely by reason of— (a) any vaca ncy in, or any defect in the constitution of, the Authority; or (b) any defect in the appointment of a person acting as a member of the Authority; or (c) a ny irregularity in the procedure of the Authority not affecting the merits of the ca se. 11. (1) The Authority may appoint such officers and other employees as it considers necessary for the efficient discharge of its functions under this Act. (2) The terms and other conditions of service of officers and other employees of the Authorit y appointed under sub-section (1) sha ll be such as may be determined by regulations. CHAPTER III EXTENTANDAPPLICATION 12. (1) This Act shall apply to— (a) the National Pension System; (b) any other pension scheme not regulated by a ny other enactment. (2) Every pension scheme referred to in clause (b ) shall conform to the regulations made by the Author ity wit hin such time as may be specified in the r egulations. (3) Notwithstanding anything contained in sub-section (1), the provisions of this Act shall not apply to- (a) the schemes or funds under- (i) the Coal Mines Provident Fund and Miscella neous Provisions Act, 1948; (ii) the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952; (iii) the Seamen’s Provident Fund Act, 1966; (iv) the Assam Tea P lantations Provident F und and Pension Fund Scheme Act, 1955; and (v) the Jammu and Kashmir Employees’ P rovident Funds Act, 1961; (b) contract s refer red to in sub-s ection (11) of section 2 of t he Insur ance Act, 1938; (c) any other pension scheme, which the Cent ra l Government may, by notification, exempt from the application of this Act; (d) persons appointed before the 1st day of January, 2004 to public services in connection with the affairs of the Union, or to All-India S ervices constit uted under section 2 A of the All- India Services Act, 1951; (e) persons appoint ed to public services in connection with the affair s of any State, or such Union territories as may be specified by notifica tion by the Centr al Government.Vacancies, etc., not to invalidate proceedings of Authority. Of fice rs a nd employees of Authority. Extent and application. 46 of 1948. 19 of 1952. 4 of 1966. Assam Act X of 1955. Jammu and Kashmir Act XV o f 1961. 4 of 1938. 61 of 1951.- 5 -Ex-177/2014 (4) Notwithstanding anything contained in sub-s ection (3), any State Government or a dministrator of a Union territory ma y, by notifica tion, extend the National Pension Syst em to it s employees. (5) Notwithstanding anything contained in clause (c) of sub-section (3), the Central Government may, by notification, extend the application of this Act to any other pension scheme [including a ny other pension scheme exempted and notified under clause (c) of sub-section (3)]. (6) Any person governed under any of the schemes or funds referred to in sub- section (3) may, a t his option, also join the National Pension System. CHAPTER IV TRANSFEROFASSETS,LIABILITIES,ETC.,OF INTERIM PENSION FUND REGULATORYAND DEVELOPMENT AUTHO RITY 13. On and from the date of establishment of the Pension Fund Regulatory and Development Authority,— (a) all the assets a nd liabilities of the Interim Pension Fund Regulatory and Development Author ity sha ll stand transferred to, and vested in, the Author ity. Explana tion.—T he assets of the Interim P ension Fund Regulatory a nd Development Authority shall be deemed to include all r ights a nd powers, a ll properties, whether movable or immovable, including, in particular, cash balances, deposits and all other interests and rights in, or arising out of, such properties as may be in the possession of the Interim Pension Fund Regulatory and Development Authority a nd all books of account and other documents relating to the same; and liabilities shall be deemed to include all debts, liabilities and obligations of whatever kind; (b) without prejudice to the provisions of clause (a), all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Interim Pension Fund Regulatory and Development Authority immediately before tha t day, for or in connection with the purpose of the said Regulatory Authority, shall be deemed to have been incur red, entered into or engaged to be done by, with or for, the Author ity; (c) all sums of money due to the Interim Pension Fund Regulatory and Development Author ity immediately befor e that day sha ll be deemed to be due to the Authority; and (d) all suits and other legal proceedings instituted or which could have been instituted by or against the Interim Pension Fund Regulatory and Development Authority immediately before tha t day may be continued or ma y be instituted by or against the Authority. CHAPTER V DUTIES,POWERSANDFUNCTIONSOF AUTHO RITY 14. (1) Subject to the provisions of this Act and any other law for the time being in for ce, the Authorit y shall have the duty, to regula te, promote and ensu re orderly growth of the National Pension System and pension schemes to which this Act applies and to protect the interests of subscribers of such S ystem a nd schemes. (2) Without prejudice to the gener ality of the provisions conta ined in sub-section (1), the powers and functions of the Authority shall include- (a) regulating the National Pension System and the pension schemes to which this Act applies; Transfer of assets, liabilities, etc., of Interim Pension Fund Regulatory and Development Authority. Duties, powers and functions of Authority.- 6 - Ex-177/2014 (b) approving the schemes, the terms a nd conditions thereof and la ying down norms for the management of t he corpus of the pension funds, including investment guidelines under such schemes; (c) registering and regulating intermediar ies; (d) issuing to an intermediary, on application, a certifica te of r egistra tion and renewing, modifying, withdrawing, suspending or cancelling such registration; (e) protecting the interest s of subscribers by— (i) ensuring safety of the contribution of subscribers to various schemes of pension funds to which this Act applies; (ii) ensuring that the intermediation and other operational costs under the Nationa l Pension System are economical and reasona ble; (f) establis hing mechanism for redressal of grievances of subscribers to be determined by regulations; (g) promoting professional organisations connected with the pension system; (h) adjudication of disputes between intermediar ies and between intermediar ies and subscribers; (i) collecting data and requiring the intermediaries to collect such data and undertaking and commissioning studies, research a nd projects; (j) underta king steps for educating subscribers and the genera l public on issues relating to pension, retir ement sa vings a nd related issues and training of intermediaries; (k) standardising dissemination of information about performance of pension funds and performance benchmarks; (l) regulating the regula ted assets; (m) levying fees or other charges for carr ying ou t the purposes of this Act; (n) specifying by regulations the form and manner in which books of account shall be maintained and statement of accounts shall be r endered by intermediar ies; (o) calling for informa tion from, undertaking inspection of, conducting inquiries a nd investigations including audit of, intermediar ies and other entities or orga nisations connected with pension fu nds; (p) exercising such other powers a nd functions as may be prescribed. (3) Notwithstanding anything contained in any other law for the time being in force, while exercising t he powers under clause (o) of sub-s ection (2), the Authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit, in r espect of the following matters, namely:- (i) the dis covery and production of books of account and other documents, at such place and at such t ime as may be specified by the Author ity; (ii) summoning and enforcing the attendance of persons a nd examining them on oa th; (iii) inspection of any book, register and other document of any person or intermediary referred to in section 26, at any place; (iv) issuing commissions for the examination of witnesses or documents; (v) any other matter which may be prescribed. (4) Without prejudice to the provisions contained in sub-sections (1), (2) and (3) and section 16, the Author ity may, by order, for reasons to be recorded in writing, in the interest of subscr ibers, take any of the following measures, pending investigation or inquiry, namely:— (i) restrain persons from participating in any scheme; (ii) restra in any office bearer of an intermediary fr om acting as s uch; (iii) impound and retain the proceeds under the scheme in respect of any activity which is under investigation; 5 of 1908.- 7 -Ex-177/2014 (iv) attach, after passing an order, on an application made for approval, by the Judicial Magistrate of first class having jurisdict ion, for a period not exceeding one month, one or more bank account or accounts of any intermediary or any person associated with the scheme in any manner involved in violation of any of the provisions of this Act or the rules or the regulations made thereunder: Provided that only the bank account or accounts or any transact ion entered therein, relating to the proceeds actually involved in t he violation of any of the provisions of this Act or the rules or the regulations made thereunder shall be allowed to be attached; (v) direct any int ermediary or a ny person associated with the scheme in any manner not to dispose of or alienate an asset for ming pa rt of a ny activity which is under investigation: Provided that the Authority shall, either before or after, passing such orders, under this section, give to such intermediaries or persons concerned an opportunity of being heard. 15. Save as otherwise provided in section 14, if after making, or ca using to be made, an inquiry, the Authority is satisfied that it is necessary— (i) in the interests of subscribers or orderly development of National Pension System or a pension scheme to which this Act applies; or (ii) to prevent the affairs of any intermediary or other persons or entities referred to in section 27 being conducted in a manner detrimental to the interests of subscribers; or (iii) to secure the proper management of any such intermediar y or person or entity, it may issue such directions to such intermediaries or entities or to a ny person or class of persons referred to in section 27, or associated with the pension fund, as it may deem fit: Provided that the Authority shall, either before or a fter pa ssing such orders, give an opportunity of being heard to such intermediaries, entit ies or persons concerned. 16. (i) Where the Authority has a reasona ble ground to believe that— (a) the activities of the pension fund are being conducted in a manner detrimental to the interest of the subscriber; or (b ) any intermediar y or any person a ssociated with the schemes of t he pension fund has violated any of the provisions of this Act or the r ules or the regulations made or directions issued by the Authority thereunder, it may, at any time, by order in writing, direct any person (hereaft er in t his section referred to as the Investigating Author ity) specified in the order t o investigate the affairs of such int ermediary or persons associa ted with the pension fund and to report thereon to the Authority. (2) Without prejudice to the provisions contained in sections 235 to 241 of the Companies Act, 1956, it shall be the du ty of every manager, managing director, officer and other employee of the company, in case of a company and every intermediar y or persons or entity referred to in section 27 or every person a ssociated with the pension fund to preserve a nd to pr oduce t o the Investigating Authorit y or any person author ised by him in this behalf, all the books, registers, other documents and record of, or relating to, the company or, as the case may be, of or relating to, the intermediary or such person, which are in their custody or power. Po wer to issue directions. Power of investigation. 1 of 1956. - 8 - Ex-177/2014 (3) T he Investigating Authority may requir e any intermediary or a ny person or entity associated with the pension fund in any manner to furnish such informa tion to, or produce such books, or other documents, or record before him or any person author ised by him in this behalf as he may consider necessa ry if t he furnishing of such informa tion or the production of such books, or register, or other documents, or record is relevant or necessary for the purposes of its investigation. (4) The Invest igating Authorit y may keep in its custody any books, r egisters, other documents and record produced under sub-section (2) or sub-section (3) for six months and thereaft er shall retur n the same to a ny intermediar y or any person associated or entity with the pension fund by whom or on whose behalf the books, registers, other docu ments and record are produced: Provided that the Investigating Authorit y may call for any book, register, other docu ments and record if they are required again: Provided further t hat if the person on whose behalf the books, registers, other docu ments and recor d are pr oduced requires certified copies of the books, registers, other documents or record produced before the Investiga ting Authority, it shall give certified copies of such books, registers, other documents or, as the case may be, record to such person or on whose behalf the books, registers, other documents and record were produced. (5) Any person, directed to make an investigation under sub-s ection (1), may examine on oath any intermediary or any person associa ted with the pension fund in any manner, in r elation to the affairs of his business and may administer an oath accordingly and for tha t purpose may require any of those persons to appear before him persona lly. (6) Notes of any examination under sub-section (5) shall be ta ken down in writing and shall be read over to, or by, and signed by, the person examined, and may thereafter be used in evidence against him. (7) If any p erson fails without reasonable cause or refuses— (a) to produce to an Investigating Authority or any person authorised by him in this behalf any book, register, other document or record which it is his duty under sub-section (2) or sub-section (3) to furnish; or (b) to furnish any information which it is his duty under sub-section (3) to furnish; or (c) to appear befor e the Investigating Authorit y personally when required to do so under sub-section (5) or to answer any question which is put to him by the Investigating Authority in pursuance of that sub-section; or (d) to sign the notes of any exa mination referr ed to in sub-s ection (6), he shall be punisha ble wit h imprisonment for a term which may extend to one year, or with fine, which may extend to twenty-five cr ore rupees, or with both, and also with a fu rther fine which may extend to ten lakh rupees for every day after the first day during which the failure or refusal continues. 17. (1) Where the Authorit y, in consequence of information in its possession, has reason to believe that- (a) any per son who has been required under sub-section (3) of section 16 to produce, or cause to be produced, any books, accounts or other documents in his custody or power has omitted or failed to produce, or cause to be produced, such books, accounts or other documents; or (b) any per son to whom a requisition to produce any books, accounts or other documents as aforesa id has been or might be issued will not, or would not, produce or cause to be produced, any books, accounts or other documents whichSearch and seizure. - 9 -Ex-177/2014 will be useful for, or relevant to, an investigation under s ub-section (1) of section 16; or (c) a contr avention of any provision of this Act has been committed or is likely to be commit ted by an intermediary; or (d) any claim which is due to be settled by the intermediary, ha s been or is likely to be rejected or settled at a figure higher than a reasonable amount; or (e) any claim which is due to be settled by an intermediary, ha s been or is likely to b e rejected or settled at a figure lower tha n a reasonable amount; or (f) any illegal fees and charges have been transacted or are likely to be transacted by an intermediary; or (g) any books, accounts, papers, receipts, vouchers, survey reports or other docu ments, belonging to an intermediary a re likely to be tampered with, falsified or manufactured, it may authorise any officer of the Authority, not below the ra nk equivalent t o that of a Gazetted Officer of the Government (hereafter referred to as the authorised officer ), to- (i) enter a nd search any building or pla ce where he has reason to suspect that such books, a ccounts or other documents, or any books or papers relating to any claim, rebate or commission or any receipts, vouchers, reports or other documents are kept; (ii) break open the lock of any box, locker, safe, almirah or other receptacle for exercising the powers conferr ed by clause (i) where the keys thereof are not available; (iii) seize all or any such books, accounts or other documents, found as a resu lt of such search; (iv) pla ce mar ks of identification on such books, accounts or other docu ments or make or cause to be made extracts or copies therefrom. (2) The authorised officer may requisition the services of any police officer or of any officer of the Centra l Gover nment, or of both, to assist him for all or any of the purposes specified in sub-s ection (1) and it shall be the duty of every such police officer or officer to comply with such r equisition. (3) The authorised officer may, where it is not p ractica ble to seize any such book, account or other document, specified in sub-section (1), serve an order on the person who is in immediate possession or control thereof that he shall not r emove, part wit h or otherwise deal with it except with the previous permission of such officer and such officer may take such steps a s may be necessa ry for ensuring complia nce wit h this sub-sect io n. (4) The authorised officer may, during the course of the search or seizure, exa mine on oath any person who is found to be in possess ion or control of any books, accounts or other documents, and any statement made by such person during such exa mination may thereafter be used in evidence in any proceeding under this Act. (5) The books, accounts, papers, receipts, vouchers, r eports, or other documents seized under sub-section (1) shall not be retained by the authorised officer for a period exceeding one hundred and eighty days from the date of the seizure unless the reasons for retaining the same are recorded by him in writing and the approva l of the Authority for such retention is obtained: Provided that the Authority shall not authorise the retention of the books, accounts, papers, receipts, voucher s, reports, or other documents for a period exceeding thirty days after all the proceedings under this Act, for which the books, accounts, papers, receipts, vouchers, reports, or other docu ments a re relevant, ar e completed. (6) T he person from whose custody the books, accounts, papers, receipts, vouchers, r eports, or other docu ments a re seized under sub-section (1) may make copies- 10 - Ex-177/2014 thereof, or ta ke extra cts therefr om, in the presence of the authorised officer or a ny other person empowered by him in this behalf a t such place a nd time as the author ised officer may appoint in this behalf. (7) If a person legally entitled to the books, accounts, papers, receipts, vouchers, reports or other documents seized under sub-section (1) objects for any reason to the appr oval given by the Authority under sub-section (5), he may make an application to the Central Government sta ting therein the reason for such ob jection and requesting for the return of the books, a ccounts, papers, receipts, vouchers, report or other documents. (8) On receipt of the application under sub-section (7), the Central Government may, after giving the applicant an opportunity of being heard, pass such order as it thinks fit. (9) The provisions of the Code of Criminal Procedure, 1973 relating to sear ches and seizures shall apply, so far a s may be, to every sea rch and seizur e made under sub-section (1). (10) The Central Government may, by notification, make rules in relation to any search or seizure under this section and in particular, and without prejudice to the generality of t he foregoing p ower, such rules may provide for the procedure to be followed by the authorised officer,- (i) for obtaining ingress into su ch building or place to be searched where free ingress thereto is not availa ble; (ii) for ensuring safe custody of any books, accounts, papers, receipts, vouchers, r eports, or other documents seized under this section. 18. If the Authorit y finds, after causing an inquiry to be made, that any person has violated, or is likely to violate, any provisions of this Act, or any rule or regulation made thereunder, the Authority may pa ss an order requiring such person to cease and desist from committing or causing such violation. 19. (1) If at any time the Authority has reason to believe that the central recordkeeping agency or pension fund is a cting in a manner likely to be prejudicial to the interest of subscribers, it may, a fter giving the centra l recor dkeeping agency or pension fund, as the case may be, an opportunit y of being heard, make a report thereon to the Centr al Government. (2) If the Central Government, after considering the report made under sub- section (1) is of t he opinion, tha t it is necessary or proper to do so, it may appoint an Administrator to manage the affairs of the centra l recordkeeping agency or pension fu nd, as the case may be, under the direction a nd contr ol of t he Authorit y, in such manner as may be specified by notification. CHAPT ER VI NATIONAL PENSION SYSTEM 20. (1) T he contributory pension system notified by t he Government of India in the Ministry of Finance vide notification number F. No. 5/7/2003-ECB&P R, dated the 22nd December, 2003 , sha ll be deemed to b e the N ationa l Pension System with effect from the 1st day of Januar y, 2004, and such National Pension System ma y be amended from time to time by regulations. (2) Notwit hsta nding a nything contained in the s aid notifica tion, the Na tional Pens ion System shall, on the commencement of this Act, have the following basic features, na mely :- (a) every s ubscriber shall have an individual pension account under the National Pension System; 2 of 1974. Power of Au thority to ensure compliance. Management by Administrator. National Pension System. - 11 -Ex-177/2014 (b) withdra wals, not exceeding twenty-five per cent. of the contribution made by the subscriber, may be permitted from the individual pension account subject to the conditions, such as purpose, frequency and limits, as may be specified by the regulations; (c) the functions of recor dkeeping, accounting and switching of options by the subscriber shall be effected by the central recordkeeping agency; (d) there shall be a choice of multiple pension funds and multiple schemes: Provided that— (a) the subscriber shall have an option of investing up to hundred per cent. of his funds in Government Securities; and (b) the subscriber, seeking minimum assured returns, shall have an option to invest his funds in such schemes providing minimum assured returns as may be notified by the Author ity; (e) there shall be portability of individual pension accounts in case of change of employment; (f) collection and transmission of contributions and instructions shall be through points of presence to the central recordkeeping agency; (g) there shall not be any implicit or explicit a ssurance of benefits except market-based guarantee mechanism to be purchased by the subscriber; (h) a subscriber shall not exit from the Nationa l Pension System except as may be specified by the regulations; and (i) at exit, the subscriber shall purchase an annuity fr om a life insur ance company in accorda nce with the regulations. (3) In addition to the individual pension account mentioned in clause (a) of sub- section (2), a subscriber may also, at his option, have an additional account under the National Pension System having the features mentioned in clauses (c) to (g) of sub- section (2) and also having the a dditional feature tha t the subscriber shall be free to withdraw pa rt or all of his money at any time fr om the additional account. 21. (1) The Authority shall, by granting a certificate of registration under sub- section (3) of s ection 27, appoint a central recordkeeping agency: Provided tha t the Authorit y may, in public interest, appoint more than one central recordkeeping a gency. (2) The central recordkeeping agency shall be responsible for receiving instructions from subscribers through the points of presence, transmitting such instructions to pension funds, effecting switching instr uctions received from subscribers and discharging such other duties and functions, as may be assigned to it under the certificate of registra tion or a s may be determined by regulations. (3) All the assets and properties owned, leased or developed by the central record- keeping agency, shall constitute regulated assets and upon expiry of certificate of registration or ear lier revocation thereof, the Authorit y shall be entitled to appropr iate and take over the regulated assets, either by itself or thr ough a n administr ator or a person nominated by it in this behalf: Provided that the central recordkeeping agency shall be entit led to be compensated the fair va lue, to be ascertained by the Author ity, of such r egulated assets as ma y be determined by regulations: Provided fu rther that where the earlier revoca tion of the certifica te of r egistra tion is ba sed on violation of the conditions in the certificate of registration or the provisions of this Act or regulations, unless otherwise determined by the Authority, the central recordkeeping agency shall not be entitled to claim any compensation in resp ect of such regulated assets. Central Record- keeping Agency.- 12 - Ex-177/2014 22. (1) T he Author ity may, by gr anting a certificate of registration under sub- section (3) of section 27, permit one or more persons to act as a point of p resence for the purpose of receiving contributions and instr uctions, transmitting them to the Trustee Bank or the centra l recor dkeeping agency, as the case may be, and paying out benefits to subscribers in a ccordance with the regulations made by the Authority from time to time in this regard. (2) A point of presence shall funct ion in a ccordance with the terms of its certificate of r egistra tion and the r egulations ma de under this Act. 23. (1) T he Author ity may, by gr anting a certificate of registration under sub- section (3) of section 27 , permit one or more persons to act as a pension fund for the pur pose of receiving cont ributions, accumulating them a nd ma king payments to the subscriber in such manner a s may be specified by regulations. (2 ) T he number of pension fu nds shall be determined by regulations and the Authority ma y, in public interest, vary the number of pension funds: Provided that at least one of the pension funds shall be a Government company. Explanation. —For the purposes of this sub-section, the expression “Government company” sha ll have the meaning assigned to it in section 617 of the Companies Act, 1956. (3) The pension fund shall function in accordance with t he terms of its certificate of r egistra tion and the r egulations ma de under this Act. (4) T he pension fund shall mana ge the schemes in accordance with the regulations. 24. The aggregate holding of equity shar es by a foreign company either by it self or through its subsidiary companies or its nominees or by an individual or by an association of persons whether registered or not under any law of a country outside India taken in aggr egate in the pension fund shall not exceed twenty-six per cent. of the paid-up capital of s uch fund or such percentage as may be approved for a n India n insur ance company under the pr ovisions of the Insurance Act, 1938, whichever is higher. Expla nation.—For the purposes of this section, the expression “foreign company” shall have the meaning assigned to it in clause (2 3A) of section 2 of the Income-tax Act, 1961. 25. No pension fund shall, directly or indirectly invest outside India, the funds of subscribers. 26. The cent ral recordkeeping a gency, points of presence and pens ion fu nds, shall satisfy the eligibility norms as may be specified by the regulations, including minimum capital requirement, past track-record including the ability to provide guar anteed returns, costs and fees, geographical reach, customer base, information technology capability, huma n resour ces and such ot her matters. CHAPTER VII REGI STRATIONOFINTERMEDIARIES 27. (1) No intermediary, including a pension fu nd or a point of presence to the extent regulated under this Act, shall commence any activity relating to a pension fund except under and in a ccordance with the condit ions of a certificate of registr ation gr anted by the Authority in accorda nce with the pr ovisions of this Act a nd the regulations:Point of presence. Pension funds. 1 of 1956. 4 of 1938.Certain res tric tion s on foreign companies or individual or association of persons. Prohibition of investment of funds of subscribers outside India. Eligibil ity norms of the central record- keeping agency, etc. Registration of central record- keeping agency, pension fund, point of presence, etc. 43 of 1961.- 13 -Ex-177/2014 Provided tha t any intermediary, including any point of presence, who had been associated with a pension scheme a nd appointed to act as such by the Int erim Pension Fund Regula tory and Development Authority immediately b efore t he establishment of the Authorit y under this Act for which no registration certificate was necessa ry prior to such establishment, and ma y continue to do so for a period of six months from such esta blishment or, if he has made an application for such registration within the said period of six months till the disposal of such a pplication. (2) Every application for grant of a certifica te of r egistra tion under this Act shall be in such form and manner and shall be accompanied by such fees as may be determined by r egulations. (3) The Authority may, aft er considering the application and subject to such terms and conditions a s it may specify, grant a certificate of registration as a central recordkeeping agency, point of presence, pension fund or such other intermediary, as the case may be. (4) The Authority may, by order, suspend or cancel a certifica te of r egistra tion granted under sub-s ection (3) in such manner as may be determined by r egulations: Provided tha t no order under this sub-section shall be made unless the person concerned has been given a reasonable opportunity of being heard. CHAPT ER VIII PENALTIESANDADJ UDICATION 28. (1) Any person, who is required under this Act or any rules or regulations ma de ther eunder,— (a) to obta in a certifica te of r egistra tion fr om the Authority for carrying on any a ctivit y under this Act, car ries on such a ctivit ies without obtaining such certificate of registration, he shall be liable to a penalty of one lakh rupees for each day during which the failure continues or one crore rupees, whichever is less; (b) to comply with the terms and conditions of a certificate of registra tion fails to do so, he shall be liable to a penalty of one lakh r upees for each day during which the fa ilure continues or one crore rupees, whichever is less; (c) to furnish any informa tion, document, books, returns or report to the Authority, fails to furnish the same within the time specified by the Authority, he shall be lia ble to a penalt y which may extend to one crore rupees or five times the amount of pr ofits ma de or losses avoided, whichever is higher; (d) to maint ain books of a ccount or recor ds, fails to ma intain the same, he shall be lia ble to a penalt y of one lakh r upees for each day during which the fa ilur e continues or five times the amount of pr ofits ma de or losses avoided, whichever is higher. (2) If any person, who is required under this Act or any rules or regulations made thereunder, to enter into an agreement with his client, fails to enter into such agreement, he shall be liable to a penalty of one lakh rupees for each da y during which the failure continues or five times the amount of profits made or losses avoided, whichever is higher. (3) If any intermediary r egistered with the Authority, after having been ca lled upon by the Author ity, in writing, to redress the gr ievances of subscribers, fails to r edress such grievances within the time stipula ted by the Aut hority, he sha ll be liable to a penalty of not more than one crore rupees or five times the amount of profits made or losses avoided, whichever is higher. (4) If any person, who is registered under this Act as an intermediar y, fails to segregate moneys of the client or clients or uses the moneys of a client or clients for self Penalty f or failure by an intermediary or any other person to co mply with provisions of th is Ac t, rules, regulations and directions.- 14 - Ex-177/2014 or for any other client, he shall be liable to a penalty not exceeding one crore rupees or five times the amount of pr ofits ma de or losses avoided, whichever is higher. (5 ) Whoever fails to comply with any provision of t his Act, the rules or the regulations made or the directions issued by the Authority under the provisions of this Act for which no separate penalty has been provided, he shall be liable to a penalty which may extend t o one cr ore rupees or five times the amount of profits made or losses avoided, whichever is higher. 29. All sums realised by way of penalties under this Act shall be credited to the Subscriber Education and Protection F und established under sub-section (1) of section 41. 30. (1) For the purposes of adjudging under section 28, the Authority shall appoint any of its officer s not below the rank specified by regulations to be an adjudica ting officer for holding an inquiry as may be determined by regulations, after giving the person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty. (2 ) While holding an inquir y, the a djudicating officer sha ll have t he power to summon and enforce the attendance of any person acquainted with the fact s and circumsta nces of the case to give evidence or to produce any document which, in the opinion of the adjudicating officer, may be useful for or relevant to the subject ma tter of the inquiry and if, on such inquiry, he is s atisfied that the person has failed to comply with the provisions of section 28, he may recommend such penalty as he thinks fit in accordance with the provisions of tha t section, to the member in char ge of investigation and surveilla nce. (3) The penalty sha ll be imposed by a member other than the member in charge of investigation and sur veilla nce: Provided that while adjudging the quantum of penalty under section 28, the member shall have due regard to the following factor s, namely.— (a) amount of disproportionate gain or unfair advanta ge, wherever quantifiable, made as a result of the default; (b) amount of loss caused to a subscriber or group of subscribers; and (c) the rep etitive natur e of the defa ult. 31. (1) Any person aggrieved may apply to the Authority for an interim measure of protection in respect of any of the following matters, namely :— (a ) the retent ion, preserva tion, interim custody or sa le of any asset or property which is regulated by the provisions of this Act; (b ) securing any pension fund, moneys and other assets and properties owned by or under the control of the pension fund; (c) interim injunction or a ppointment of a n administrator; and (d) such ot her interim mea sures a s may a ppear to the Authority to be just and necessary, and the Authority shall have power to make such or ders including an order for atta chment of assets of the pension fund as it deems fit in t his regard. (2) Where, on a complaint received by the Authority orsuo motu , the Authority, after condu cting a n inquir y, comes to a conclusion tha t the governing board or boar d of directors, by whatever name called, or the persons in control of any intermediary to the extent regulated under this Act ar e indulging in any act ivity which is in contravention of the provisions of t his Act or regulations, it ma y supersede the gover ning boa rd or board of directors or management of the intermediary in accordance with the provisions of the regulat ions .Crediting sums realised by way of penalties to Subscriber Education and Protection Fund. Po we r to adjudicate. Attachment of assets and su- persession of management of intermediary. - 15 -Ex-177/2014 (3) In case the governing board or board of director s or management of an intermediary is superseded under sub-section (2), the Authority may appoint an Administrator to mana ge the affairs of the intermediary in accordance with the provisions contained in the regulations. 32. (1) Wit hout pr ejudice to any award of penalty by t he member under this Act, if a ny person cont ravenes or attempts to contr avene or abets the contravention of the provisions of this Act or of any rules or regulations made thereunder, he shall be punishable with imprisonment for a term which may ext end to ten yea rs, or with fine, which may extend to twenty-five crore rupees or with both. (2) If any person fails to pay the penalty imposed by the member or fails to comply with any of the dir ections or orders issued by the member, he shall be punishable with imprisonment for a term which shall not be less than one month but which may ext end to ten yea rs, or with fine, which may extend to twenty-five crore rupees, or with both. 33. (1) The Centra l Government may, on the recommendation by the Authority, if satisfied, that any person, who is alleged to ha ve viola ted any of the provisions of this Act or the rules or the regulations made thereunder, ha s made a full and true disclosure in r espect of alleged viola tion, grant to such person, subject to such conditions as it may think fit to impose, immunity fr om prosecution for any offence under this Act, or the rules or the regula tions ma de thereunder a nd also from the imposition of any penalty under this Act with respect to the alleged violation: Provided tha t no such immunity sha ll be gr anted by the Central Government in cases where the proceedings for the prosecution for any such offence have been instituted before the date of receipt of application for grant of such immunity: Provided further that the recommendation of the Author ity under this sub-section shall not be binding upon the Centra l Government (2) An immunity gr anted to a person under sub-section (1) ma y, at a ny time, be with-drawn by the Central Government, if it is satisfied tha t such person had, in the cour se of the proceedings, not complied with the condition on which the immunity was granted or had given false evidence, and thereupon such person may be tried for the offence with respect to which the immunit y was granted or for a ny other offence of which he appears to have been guilty in connection with the contravention and shall also become liable to the impos ition of any penalty u nder this Act to which such person would have been liable, had no such immunity been granted. 34. Notwithstanding anything contained in- (i) the Wealth-tax Act, 1957; (ii) the Income-tax Act, 1961; or (iii) any other enactment for the time being in force relating to tax on wealth, income, profits or ga ins, the Authorit y shall not be liable to pay wealth-t ax, income-tax or any other ta x in resp ect of its wealth, income, profits or gains derived. 35. (1) No court s hall ta ke cognizance of any offence punisha ble under this Act or a ny rules or regulations made thereunder, sa ve on a compla int made by the Author ity. (2) No court inferior to that of a Court of Session shall try any offence punishable under this Act. 36. (1) Any person aggrieved by an order made by the Authority or by an adjudicating officer under this Act may prefer a n appeal befor e the Securities Appellate Tribunal which shall have jurisdict ion over the matter. Offences. Po we r to g ra nt immunity. Exemption from tax on wealth, income profits and gains.27 of 1957. 43 of 1961. Cogniza nce of off ences by court. Ap pea l to Securities Appellate Tribunal.- 16 - Ex-177/2014 (2) Every appeal under sub-section (1) sha ll be filed within a period of forty-five days from the date of receipt of the order appealed aga inst and it shall be in such form and manner a nd shall be accompanied by such fee as may be prescribed: Provided that the Securities Appellate Tr ibunal may entertain an appeal after the ex p i r y of t he s a id p er iod, if it is s a t is fied t h a t t her e wa s s u fficien t ca u s e for not p r efer r ing the appeal within that period. (3) On receipt of an appeal under sub-section (1), the Securities Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confir ming, modifying or setting a side the order appealed against. (4) The Securities Appellate Tribunal sha ll send a copy of every order made by it to the Authority, the parties to the appeal and to the adjudicating officers concerned. (5) The appeal filed before the Securities Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months fr om the date on which the appeal is presented to it. (6) Without prejudice to the provisions of sections 15T and 15U of the Securities and Exchange Board of India Act , 1992, the Secur ities App ellate Tr ibunal s hall deal with an a ppeal under this section in accordance with such procedure as may be prescribed. 37. No civil court shall have jur isdiction to entertain any suit or pr oceeding in respect of any matter which an adjudicating officer appointed under this Act or a Securities Appellate Tribunal is empowered by or under this Act to determine and no inju nction s hall be granted by any court or other author ity in respect of any action t aken or to be ta ken in pursuance of a ny power conferred by or under this Act. 38. Any person aggrieved by any decision or order of the Securities Appellate Tribunal under this Act may file an appeal to the Supr eme Court within sixty days from the date of communication of the decision or or der of the Securities Appella te Tribunal to him on a ny question of law a rising out of such or der: Provided that the Supreme Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it t o be filed within a further period not exceeding sixty days. CHAPTER IX FINANCE,ACCOUNTANDADUIT 39. The Central Government may, aft er due appropriation ma de by P arliament by law in this behalf, make to the Authority grants of such sums of money as that Government may think fit for being utilised for the purposes of this Act. 40. (1) There shall be constituted a fund to be called the Pension Regulatory and Development Fund and there shall b e credited thereto— (a) all Government grants, fees and charges r eceived by the Author ity; (b) all sums received by the Authority from such other source as ma y be decided upon by the Central Government. (2) The Fund shall be applied for meeting— (a) the salaries, a llowances and other remuneration of the Chairperson and other members and officers and other employees of the Author ity; (b) other expenses of the Authorit y in connection with the discharge of its functions a nd for the pur poses of this Act. 15 of 1992. Civil Court not to have jurisdiction. Ap pea l to Supreme Court. Grants Central Government. Constitution of Pension Regulatory and Development Fund. - 17 -Ex-177/2014 41. (1) The Authority shall establish a fund to be called the Subscriber Educa tion and Protection Fund. (2) There shall be credited to the Subscriber Education and Protection Fund the following amounts, namely:— (a) grants and dona tions given to the Subscriber Education and Protection Fund by the Central Government, S tate Governments, companies or any other institutions for the purposes of the Subscriber Educa tion and Protection F und; (b) the int erest or other income received out of the investments made from the Subscriber Education a nd Protection Fund; (c) the sums realised by way of penalties by the Authority under section 28. (3) The Subscriber Education and Protection Fund shall be administered and utilised by the Authority for protection of the interests of subscribers in accordance with regulations made for the purpose. 42. (1) T he Author ity sha ll maintain proper accounts a nd other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-Genera l of India. (2) T he accounts of the Authority sha ll be audited by the Comptroller and Auditor- General of India a t such intervals as may be specified by him a nd any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General. (3) The Comptroller and Auditor-General of India and a ny other person appointed by him in connection with the audit of t he accounts of the Authority shall ha ve the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in par ticular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authority. (4) The accounts of the Authorit y as certified by the Comptr oller a nd Auditor- General of India or any other person appointed by him in this behalf, together with the audit-report thereon, shall be for warded a nnually to the Central Government and that Government s hall ca use the same to be laid before each House of Parliament. CHAPTERX MISCELLANEOUS 43. (1) Wit hout pr ejudice to the foregoing provisions of this Act, the Authority shall, in exercise of its powers or the performance of its functions under this Act , be bound by such directions on questions of policy, other than t hose relating to technical and adminis trative matters, as the Cent ral Government may give, in writing to it, from time to time: Provided tha t the Authority shall, as far as pract icable, be given an opportunit y to expr ess its views before any dir ection is given under this s ub-section. (2) The decision of the Central Government, whether a question is one of policy or not, shall be final. 44. (1) If a t any time the Central Government is of the opinion t hat— (a) on account of circumstances beyond the contr ol of the Authority, it is unable to discharge the fu nctions or perform the duties imposed on it by or under the provisions of t his Act ; or Constitution of Subscriber Education and Protection Fund. Accounts and au di t. Power of Central Government to issue directions. Power of Central Government to supersede Authority.- 18 - Ex-177/2014 (b) the Authority has persistently defaulted in complying with a ny direction issued by the Central Government tha t t he Centra l Government is entitled to issue under this Act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this Act and as a result of such default the financial position of the Authority or the administration of the Authority has deteriorated; or (c) circumstances exist which render it necessar y in the public interest so to do, the Central Government may, by not ification and for reasons to be specified therein, supersede the Authority for such period, not exceeding six months, as may be specified in the notification: Provided that before issuing any such notification, the Centra l Government s hall give a r easonable oppor tunit y to the Author it y to ma ke r epr esenta tions a ga inst the proposed supersess ion and shall consider the represent ations, if any, of the Author ity. (2) Upon the publication of a notification under sub-s ection (7) superseding the Authority,— (a) the Chairperson and other members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of t his Act , be exercised or discharged by or on behalf of t he Authority shall, until the Authority is reconstit uted under sub-section (3), be exercised and discha rged by the Central Government; and (c) all pr operties owned or contr olled by the Author it y shall, until the Authority is reconstituted under sub-section (3), vest in the Central Government. (3) On or before the expiration of the period of supersession specified in the notification issued under sub-section (1 ), the Central Government sha ll reconstitute the Authority. (4) The Central Government shall, as soon as may be, cause a copy of the notification issued under sub-section (1) and a full report of any action taken by it, to be laid before each House of Parliament. 45. (1) T he Authority may, by notification, establish with effect from such date as it may specify in the notification, a Committee to be known as the Pension Advisory Committee. (2) The Pension Advisory Committee shall consist of not more than twenty-five memb ers, ex cluding ex officio members, to repr esent t he interests of employees’ a sso- ciations, subscribers, commerce and industry, intermediaries, and organisations engaged in pension resea rch. (3) T he Chairperson and the members of the Author ity shall be the ex officio Chair-person and ex officio members of the Pension Advisory Commit tee. (4) The objects of the Pension Advisory C ommittee shall be to advise the Authority on matters relating to the making of the regulations under section 52. (5) Without prejudice to the provisions of sub-section (4), the Pension Advisory Committee ma y advise the Authority on such matters as ma y be referred to it by the Authority a nd also on such matters as the Committee ma y deem fit. 46. (1) The Authority shall furnish to the Centr al Government at such time and in such form and manner as ma y be prescribed, or as the Central Government may direct to furnish such returns, statements and other particulars in regard to any proposed or existing programme for the promotion and development of the pension industry as the Central Government may, fr om time to time, require.Establishment of Pension Advisory Committee. Furnishing of returns, etc., to Ce ntral Government. - 19 -Ex-177/2014 (2) Without prejudice to the provisions of sub-section (1), the Authority shall, within nine months after the close of each financial year, submit to the Central Government a report giving a true and full account of its activities including the activities for promotion and development of schemes of pension funds regulated under this Act during the previous fina ncial year. (3) Copies of the reports received under sub-section (2) shall be laid, as soon as may be, aft er they are received, befor e each House of Parliament. 47. The Chairperson and other members and officers and other employees of the Authority shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the India n Penal Code. 48. No suit, prosecution or other legal proceedings sha ll lie against the Central Government or the Authority or a ny officer of Central Government or any member, officer or other employees of the Author ity for anything which is in good fa ith done or intended to be done under this Act or the rules or regulations made thereunder. 49. (1) The Authority may, by general or special order in writing, delegate to any member, officer of the Authority or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Act (except the powers under section 52) as it may deem necessary. (2) The Authority may, by a general or special order in writing, also form committees of the members and delegate to them the powers and functions of the Authority a s may be specified by the r egulations. 50. (1) Where an offence under this Act has been committed by a company, ever y person who a t the time the offence was committed was in charge of, and was resp onsible to, the compa ny for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing cont ained in this sub-section shall render any such person liable to any punishment p rovided in this Act if he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding a nything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been commit ted with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, mana ger, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded a gainst and punished a ccordingly. Explanation. —For the purposes of this section,— (a) “company” means any body corporate and inclu des a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. 51. (1) The Centra l Government may, by notifica tion, make rules for carrying out the provisions of this Act. (2) In particular a nd without prejudice to the generality of t he foregoing power, such rules may provide for all or any of the following matters, namely:— Members, of ficers and employees of Authority to be pu blic servants. Protection of action taken in good faith. Delegation of powers. Off ences by companies.45 of 1860. Power to make rules.- 20 - Ex-177/2014 (a) the sala ry and allowances paya ble to a nd the other conditions of service of t he Chair person a nd whole-time members under sub-section (3) of section 5; (b) the allowances payable to pa rt-time members under sub-section (4) of section 5; (c) the additional functions which may be perfor med by the Authority under clause (p) of sub-section (2) of section 14; (d) any other matter in r espect of which the Authorit y may exercise the powers of a civil court under clause (v) of sub-section (3) of section 14; (e) the procedure to be followed by the authorised officer under sub-section (70) of section 17; (f) the form and manner in which an appeal may be filed before the Securities Appellate Tribunal and the fee which shall accompany such appeal, under sub-section (2) of section 36; (g) the procedure to be followed by the Securities Appellate Tribunal in dealing with an appeal, under sub-section (6) of section 36; (h) the for m in which annual statement of accounts shall be ma intained by the Authority under sub-s ection (1) of section 42; (i) the time within which and the form and manner in which returns and reports are to be made by the Authority to the Central Government under sub- section (1) of section 46; (j) any other matter which is to be, or ma y be, prescribed, or in respect of which provision is to be made, by rules. 52. (1) The Authority may, by notification, make regula tions consistent with this Act and the rules made thereunder for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regula tions may provide for all or any of the following matters, namely:— (a) the time and places of meetings of the Authority and the procedur e to be followed at such meetings (including the quorum at such meetings) under sub- section (1) of section 9; (b) the terms and other conditions of service of the officers and other employees of the Authorit y under sub-s ection (2) of section 11; (c) the regulations to be made by the Authority in respect of pension schemes referred to in clause (b) of sub-s ection (1) of section 12 and the time within which such schemes should conform to the regulations, ma de under sub-section (2) of that section; (d) the esta blishing of mechanisms for redressing grievances of subscribers under clause (f) of sub-section (2) of section 14; (e) the form and ma nner in which books of account shall b e mainta ined and statement of accounts shall be render ed by intermediaries under clause (n) of sub-section (2) of section 14; (f) amendment to t he National Pension System r eferred to in sub-section (1) of section 20; (g) the conditions of its purpose, frequency and limits for withdrawals from individual pension account referred to in clause (b) of sub-section (2) of section 20; (h) the conditions subject to which the subscriber shall exit from the National Pension System referred to in cla use (h) of sub-section (2) of section 20; (i) the conditions subject to which the subscriber shall purchase an annuity referred to in clause (i) of sub-section (2) of section 20; (j) the duties a nd functions of central recordkeeping a gency under sub- section (2) of section 21;Power to make regulations. - 21 -Ex-177/2014 (k) the determination of compensation of fair value of the regulated assets payable to central recordkeeping agency under proviso to sub-section (3) of section 21; (l) the manner of r eceiving contributions and instructions and transmitting them to the Trustee Bank or central recordkeeping agency, as the case may be, and paying out the benefits to the subscribers, under sub-section (1), and the regulations governing functioning of points of presence under sub-section (2) of section 22; (m) the manner in which a pension fund may r eceive contributions, accumulate them and make payments to the subscriber under sub-section (1), the number of pension funds under sub-s ection (2), the functioning of the pension fu nd under sub-section (3), a nd the manner of mana ging the schemes by the pension fund under sub-section (4) of section 23; (n) the form and ma nner in which a n application for grant of certificate of registration shall be made and the fee which shall accompa ny such applica tion under sub-section (2) of section 27; (o) the conditions subject to which a certificate of registration may be granted to an intermediar y under sub-s ection (3) of section 27; (p) the procedure and manner of suspension or cancellation of certificate of r egistra tion of intermediaries under sub-s ection (4) of section 27; (q) the procedure for holding inquiry by an adjudicating officer under sub-section (1) of section 30; (r) the supersession of the governing board or board of directors of the intermediar y under sub-section (2) of section 31; (s ) the mana gement of affairs of the int ermedia ry by an Administr ator under sub-section (3) of section 31; (t) the manner of a dministering and utilising the Subscriber Education and Protection Fund under sub-section (3) of section 41; (u) the delegation of powers and functions of t he Authority to commit tees under sub-section (2) of section 49; (v) est ablishment, duties and funct ioning of the National Pension System Trust; (w) any other matter which is required to be or may be specified by regulations or in respect of which provision is to be or may be made by regulations. 53. Every r ule and every r egulation made under this Act shall be laid, as soon as may be after it is made, before each House of P arliament, while it is in session, for a tota l period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the s uccessive sessions aforesa id, both Houses a gr ee in making a ny modification in the rule or regulation or both Houses agree that the rule or regula tion should not be made, the rule or regula tion sha ll thereafter have effect only in such modified for m or be of no effect, as the case may b e; so, however, that a ny s uch modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. 54. (1) If a ny difficulty a rises in giving effect to the provisions of t his Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear it to be necessary for removing the difficu lty: Provided that no order sha ll be made under this section after the expiry of five year s from the commencement of this Act. Rules and regulations to be laid before Parliament. Po wer to remove difficu lties.- 22 - Ex-177/2014 (2) Every or der made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 55. The provisions of this Act sha ll be in addition to a nd not in derogation of the provisions of any other law for the time being in force. 56. Anything done or any action taken by the Interim Pension Fund Regulatory and Development Authority and Central Government under the Resolutions of the Government of India in the Ministry of Finance number F. No. 5/7/2003-ECB&PR, dated the 10th October, 2003 and F.No. l(6)2007-PR, dated the 14th November, 2008 and notification number F. No. 5/7/2003-ECB & PR, dated the 22nd December, 2003, shall be deemed to have been done or taken under the corresponding provisions of this Act.Application of other laws not barred. Savings.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500- 23 -Ex-177/2014

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, Monday 28.4.2014 Vaisakha 8, S.E. 1936, Issue No. 178 NOTIFICATIONNo.H.12017/55/2012-LJD, the 15th April, 2014.The following Central Act is hereby re-published for general information. The Constitution (Scheduled Tribes) Order (Amendment) Act, 2013 (Act No. 24 of 2013) Zahming thang a Ralte, DeputySecretary to the Govt. of Mizoram. THE CONSTITUTION (SCHEDULED TRIBES) ORDER (AMENDMENT) ACT, 2013 AN ACT further to amend the Constitution (Scheduled Tribes) Order, 1950 to modify the list ofScheduled Tribes in the States of Kerala and Chhattisgarh Be it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows :- 1.This Act may be called the Constitution (Scheduled Tribes) Order (Amend- ment) Act, 2013. 2.In the Schedule to the Constitution (Scheduled Tribes) Order, 1950,- (a) in Part VII.-Kerala, after entry 27, insert- “28. Marati (of the Hosdurg and Kasargod Taluks of Kasargod District)”; (b) in Part XX.-Chhattisgarh,- (i) in entry 16, after “Asur,”, insert “Abhuj Maria,”; (ii) in entry 27, after “Korwa,”, insert “Hill Korwa,”. C.O. 22 Amendment of Part VII and Part XX of Constitution (Scheduled Tribes) Order, 1950Short title Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-500.

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLIII Aizawl, Monday 28.4.2014 Vaisakha 8, S.E. 1936, Issue No. 179 THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR REHABILITATION ACT, 2013 AN ACT to provide for the prohibition of employment as manual scavengers, rehabilitation of manual scavengers and their families, and for matters connected therewith or incidental thereto. WHEREAS promoting among the citizens fr aternit y assur ing the dignity of the individua l is ens hr ined a s one of the goals in t he P r eamble to the Constitution; AND WHEREAS the right to live with dignity is also implicit in the Fundamental Rights guaranteed in Pa rt III of the Constitution; AND WHEREAS article 46 of the Constitution,inter alia, provides that the State shall prot ect the weaker sections, and, particularly, t he S cheduled Castes and the Scheduled Tribes from social injustice and all forms of exploitation;NOTIFICATIONNo.12017/55/2012-LJD, the 15th April, 2014.The following Central Act is hereby re-published for general information. The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 (Act No. 25 of 2013) Zahming thang a Ralte, Deputy Secretary to the Govt. of Mizoram. AND WHEREAS the dehumanising practice of manual scavenging, arising from the continuing existence of insanitar y latrines and a highly iniquitous caste system, still persists in various parts of the country, and t he existing laws have not proved adequate in elimina ting the twin evils of insanitary latr ines and manual scavenging; AND WHEREAS it is necessary to correct the historical injustice and indignity suffered by the manual scavengers, and to rehabilitate them to a life of dignity. BE it enact ed 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 Prohibition of Employment as Manual Scavengers a nd their Rehabilitation Act, 2013. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Centr al Government may, by notification in the Official Gazette, appoint: Provided tha t the date so notified shall not be ea rlier than sixty days a fter the date of publica tion of the notification in the Official Gazette. 2.(1) In this Act, unless the context otherwise requir es,— (a) “agency” means any agency, other than a local authority, which may undertake sanitation facilities in an a rea and includes a contractor or a firm or a company which engages in development and maintenance of real estate; (b)“appropriate government”, in relation to Cantonment Boards, railway lands, and la nds and buildings owned by the Central Government, a Central Public Sector Undertaking or an autonomous body wholly or substantially funded by the Central Government, means the Central Government and in all other cases, the State Government; (c)“Chief Executive Officer”, in relation to a Municipality or Panchayat, means, its senior-most executive officer, by whatever name ca lled; (d)“hazardous cleaning” by an employee, in relation to a sewer or septic tank, means its manual cleaning by such employee without the employer fulfilling his obligations to provide protective gear and other cleaning devices a nd ensuring observance of safety precautions, as may be prescribed or pr ovided in any other la w, for the time being in force or rules made ther eunder ; (e)“insanitary latrine” means a latrine which requires human excreta to be cleaned or otherwise handled manually, either in situ, or in an open drain or pit into which the excreta is discharged or flushed out, before the excr eta fully decomposes in such manner as may be prescribed: Provided that a water flush latrine in a railwa y passenger coach, when cleaned by an employee with the help of such devices and using such protective gea r, as the Central Government may notify in this behalf, shall not be deemed to be an insanit ary latr ine. Short title, extent and commen- cement. Definitions. Ex-179/20142 (f) “loca l author ity” means,— (i)a Municipality or a Pancha yat, as defined in cla use (e) and clause (f) of article 243P of the Constitution, which is responsible for sanitation in its area of jurisdict ion; (ii) a Ca ntonment Board constituted under section 10 of the Cantonments Act, 2006; and (iii) a ra ilway author ity; (g) “manual scavenger” means a person engaged or employed, at the commencement of this Act or at any time thereafter, by an individual or a local a uthority or an a gency or a contra ct or, for ma nually cleaning, carr ying, disposing of, or otherwise handling in any ma nner, human excr eta in an insa nitary latrine or in an open drain or pit into which the human excreta from the insanitary latrines is disposed of, or on a railway tra ck or in such other spaces or premises, as the Central Government or a St ate Government may notify, before the excreta fully decomposes in such ma nner as may be prescribed, and the expr ession “ manual scavenging” shall be construed accordingly. Explanation.—For the purpose of t his clause,— (a)“engaged or employed” means being engaged or employed on a regular or contract ba sis; (b)a person engaged or employed to clean excr eta with the help of such devices and us ing such protective gear, as the Central Government may notify in this behalf, shall not be deemed to be a ‘ma nual scavenger ’; (h) “National Commission for Safai Karmacharis” means the National Commission for S afai Ka ramcharis constituted under section 3 of the National Commission for Safai K armacha ris Act, 1993 a nd continued by R esolution of the Government of India in the Ministr y of Social Justice and Empowerment vide No.l7015/18/2003-SCD-VI, dated 24th February, 2004 and as amended from time to time; (i) “ notification” means a notification published in the Official Gazette and the expression “notify” shall be construed accordingly; (j) “occupier”, in relation to the premises where an insanitary latrine exists, or someone is employed as a ma nual scavenger, means the person who, for the time being, is in occupation of such premises; (k) “owner”, in relation to the pr emises where an insanitary latrine exists or someone is employed as a manual sca venger, means, the person who, for the time being has legal title to such premises; (l) “prescrib ed” mea ns prescribed by the rules ma de under t his Act; (m) “railwa y authority” means an author ity administering railway land, as ma y be notified by the Central Government in this behalf; (n) “railwa y land” shall have the meaning assigned to it in clause (32A) of section 2 of the Railways Act, 1989; (o) “sanita ry latrine” means a la trine which is not an ‘insanitary latrine’; (p) “septic tank” means a water-tight settling tank or chamber, normally located underground, which is used to receive and hold human excr eta, allowing it to decompose through bacterial activity;41 of 2006. 64 of 1993. 24 of 1989.Ex-179/2014 3 (q) “sewer” means a n underground conduit or pipe for carr ying off human excreta, besides other waste matter a nd drainage wastes; (r) “State Government”, in relation to a Union territory, means the Administrator thereof appointed under article 239 of the Constitution; (s) “survey” means a survey of manual scavengers undertaken in pursuance of section 11 or section 14. (2)Words and expressions used a nd not defined in this Act, but defined in the Cantonments Act, 2006, sha ll have the sa me meanings respectively assigned to them in that Act. (3)The reference to a Municipality under Chapters IV to VIII of this Act shall include a reference to, as the case may be, the Cantonment Board or the railway authority, in respect of areas included within the jurisdiction of the Cantonment Board and the ra ilway land, respectively. 3.The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 or in any other law, or in a ny instrument having effect by virtue of any other law. CHAPTER II IDENTIFICATION OF INSANITARY LATRINES 4.(1) Every local authority sha ll,— (a)carr y out a survey of insanitary latrines existing within its jurisdiction, and publish a list of such insanitary la trines, in such manner as may be pr escribed, within a period of two months fr om the date of commencement of this Act; (b)give a notice to the occupier, within fifteen da ys from the date of publication of the list under clause (a), to either demolish the insa nitary latrine or convert it into a sanitar y latrine, within a period of six months from the da te of commencement of this Act: Provided that the local authority may for sufficient r easons to be recorded in writing extend the said period not exceeding three months; (c)cons truct, within a period not exceeding nine months from the date of commencement of this Act, such number of sanitar y community latrines as it cons iders necessary, in the ar eas where insanitary latrines have been found. (2) Without prejudice to the provisions contained in sub-section (1), Municipalities, Cantonment Boards a nd railway authorities shall also construct adequate number of sanitary community latrines, within such period not exceeding three years from the date of commencement of this Act, as the appropriate Government may, by notification, specify, so as to eliminate the practice of open defecation in t heir jurisdict ion. (3) It shall be the responsibility of local authorities to construct community sanitary latrines as specified in sub-sections (1) a nd (2), and also to make arrangements for their hygienic upkeep at all times. Explanation.—For the purposes of this section, “community” in relation to railway authorities means passengers, staff a nd other author ised users of railways. 41 of 2006. Act to have overriding effect. Local authorities to survey insanitary latrines and provide sanitary community latrines.46 of 1993. Ex-179/20144 CHAPTER III PROHIBITION OF INSANITARY LATRINES AND EMPLOYMENT AND ENGAGEMENT AS MANUAL SCAVENGER 5.(1) Notwithstanding anything inconsistent therewith contained in the Employment of M anual Scavenger s and Construct ion of Dry Latr ines (Prohibition) Act, 1993, no person, local authority or any agency shall, after the date of commencement of this Act,— (a ) cons truct a n insanitary latrine; or (b) enga ge or employ, either directly or indirectly, a ma nual scavenger, and ever y person so engaged or employed shall stand discha rged immediately from any obligation, express or implied, to do manual scavenging. (2) Every insanita ry latr ine existing on the da te of commencement of this Act, shall either be demolished or be converted into a sanitary la trine, by t he occupier at his own cost, before the expiry of the period so specified in clause (b) of sub-section (1) of section 4: Provided that wher e there are several occupiers in relation to an insa nitary latrine, the liability to demolish or convert it shall lie with,— (a) the owner of the premises, in case one of the occupiers happens to be the owner; and (b) all the occupiers, jointly and sever ally, in all other ca ses: Provided that the S tate Government may give a ssistance for conversion of insanitary latrines into sa nitary latrines to occupiers from such categories of persons and on such s cale, a s it may, by notification, specify: Provided fur ther that non-r eceipt of State assistance shall not be a valid ground to maintain or use an insanitary latr ine, beyond the said period of nine months. (3) If any occupier fails to demolish an insa nitary latrine or convert it into a sanitary latrine within the period specified in sub-section (2), the loca l authority having jur isdiction over the area in which such insanitary latr ine is situated, shall, after giving notice of not less than twenty one days to the occupier, either convert such latrine into a sanitary latrine, or demolish such insanitary latrine, a nd shall be entitled to recover the cost of such conversion or, as the case may be, of demolition, from such occupier in such manner a s may be prescribed. 6.(1) Any contract, agreement or other instrument entered int o or executed before the date of commencement of this Act, engaging or employing a person for the purpose of manual sca venging shall, on the date of commencement of this Act, be termina ted and such contract , agreement or other instrument shall be void and inoperative and no compensation shall be payable therefor.46 of 1993, Prohibition of insanitary latrines and employment and engage- ment of manual scavenger. Contract, agreement, etc., to be void. Ex-179/2014 5 (2) Notwithstanding anything contained in sub-section (1), no person employed or engaged as a manual scavenger on a full-time basis shall be retr enched by his employer, but shall b e retained, subject t o his willingness, in employment on at least the sa me emoluments, and shall be assigned work other than manual scavenging. 7.No person, local a uthorit y or any agency shall, from such date as the State Government may notify, which shall not be later than one year from the date of commencement of this Act, engage or employ, either directly or indirectly, any person for hazardous cleaning of a sewer or a septic ta nk. 8.Whoever contr avenes the provisions of section 5 or section 6 shall for the fir st cont ravention be punishable with imprisonment for a term which may ext end to one year or with fine which may extend to fifty thousand rupees or with both, and for a ny subsequent contravention with imprisonment which may extend to two years or with fine which may extend to one lakh r upees, or with both. 9.Whoever contravenes the provisions of section 7 shall for the first contravention b e punishable with impr isonment for a term which may extend to two years or with fine which may extend to two lakh rupees or with both, and for any subsequent contravention with imprisonment which may extend to five years or with fine which may extend to five lakh rupees, or with both. 10.No court shall take cognizance of any offence punishable under this Act except upon a complaint thereof is made by a person in this behalf within three months from the date of the occurrence of the alleged commission of the offence. CHAPTER IV IDENTIFICATION OF MANUAL SCAVENGERS IN URBAN AND RURAL AREAS AND THEIR REHABILITATION 11.(1) If any Municipality has reason to believe that some persons are engaged or employed in manual scavenging within its jurisdiction, the Chief Executive Officer of such Municipality shall cause a survey to be undertaken to identify su ch persons. (2) The content and methodology of the survey r eferred to in sub- section (1) shall b e such as may be prescribed, and it shall be completed within a period of two months from its commencement in the case of Municipal Corporations, a nd within a period of one month in the case of other Municipalities. (3)The Chief Executive Officer of the Municipality, in whose jurisdiction the survey is underta ken, sha ll be r esponsible for accurate and timely completion of the sur vey.Prohibition of personsfrom engagement or employ- ment for hazardous cleaning of sewers and septic tanks. Penalty for contravention of secti on 5 or section 6. Penalty for contravention of section 7. Limitation of prosecution. Survey of manual scavengers in urban areas by Municipalities. Ex-179/20146 (4)After completion of the survey, the Chief Executive Officer shall cause to be drawn up a provisional list of persons found t o be working as manual scavengers within the jurisdiction of his Municipality and fulfilling the eligibility conditions as may be prescribed, shall cause such provisional list to be published for general information in such manner, as ma y be prescribed, and sha ll invite objections to the list from the general public. (5)Any person having a ny objection, either to the inclusion or exclusion of any name in the provisional list published in pursuance of sub- section (4), shall, within a period of fifteen days fr om such publication, file an objection, in such for m as the Municipality may notify, to the Chief Executive Officer. (6)All objections received in pursuance of sub-s ection (5), shall be enquired into, and thereafter a final list of persons found to be working as manual scavengers within the local limits of the municipality, shall be published by it in such manner, as may be prescribed. (7)As soon as the fina l list of manual scavengers, referred to in sub-section (6) is published, the persons included in the said list shall, subject to the provisions of sub-s ection (2) of s ection 6, stand discha rged from any obligation to work as manual scavengers. 12.(1) Any person wor king as a manual sca venger in an urban area, may, either during the survey undertaken by the Municipality in pursuance of section 11, within whose jur isdiction he works, or at any time thereafter, apply, in such manner, as may be prescribed, to the Chief Executive Officer of the Municipality, or to any other officer a uthorised by him in this behalf, for being identified as a manual scavenger. (2) On receipt of an application under sub-section (1), the Chief Executive Officer shall ca use it to be enquired into, either as part of the survey undertaken under section 11, or, when no s uch sur vey is in progr ess, within fifteen days of receipt of such application, to ascertain whether the applicant is a manual scavenger. (3) If an application is received under sub-section (1) when a survey under section 11 is not in progress , and is found to be tr ue after enquir y in accordance with sub-section (2), action shall be taken to add the name of such a person to the final list published under sub-section (6) of section 11, and the consequences mentioned in sub-s ection (7) thereof shall follow. 13.(1) Any person included in the final list of manual scavengers p ublished in pursuance of sub-section (6) of section 11 or a dded thereto in pursuance of sub-section (3) of section 12, shall be rehabilitated in the following manner, namely:— (a)he shall be given, within one month,— (i)a photo identity ca rd, cont aining, inter a lia, details of all members of his family dependent on him, and (ii)such initial, one time, cash assistance, as may be prescribed; (b)his children shall be entitled to scholarship as per the relevant scheme of the Cent ral Government or the State Government or the local authorities, a s the case may be; Application by an urban manual scavenger for identification. Rehabilitation of persons identified as manual scavengers by a Municipality.Ex-179/2014 7 (c ) he shall be allotted a residential plot and financial assistance for house construction, or a ready-built house, with financial assistance, subject to eligibility and willingness of the ma nual scavenger, and the provisions of the relevant scheme of the Central Government or the State Government or the concerned local authority; (d) he, or at least one adult member of his family, shall be given, subject to eligibility and willingness, training in a livelihood skill, and shall be paid a monthly stipend of not less than thr ee thousand rupees, during the period of such training; (e) he, or at least one adult member of his family, shall be given, subject to eligibility and willingness, subsidy and concessional loan for taking up an alternative occupation on a sustainable basis, in such manner a s may be stipulated in the relevant scheme of the Central Government or the State Government or the concerned loca l author ity; (f) he shall be provided such other legal and programmatic assistance, as the Centra l Government or State Government may notify in this behalf. (2) The District Magistrate of the district concerned shall be resp onsible for rehabilita tion of each ma nual scavenger in accordance with the provisions of sub-section (1) and the State Government or the District Magistrate concerned may, in addition, assign responsibilities in his behalf to officers subordina te to the District Magistra te a nd to officers of the concerned Municipality. 14.If a ny Panchayat has reason to believe that some per sons are engaged in manual scavenging within its jurisdiction, the Chief Executive Officer of such Pa nchayat shall cause a survey of such manual scavengers to be undertaken,mutatis mutandis, in accorda nce with the pr ovisions of section 11 and section 12, to identify such person. 15.(1) Any person wor king as a manual sca venger, in a r ural area, may, either during the sur vey undertaken by the Panchayat within whose jurisdiction he wor ks, in pursua nce of section 14 or at any time thereafter, apply, in such manner, as may be prescribed, to the Chief Executive Officer of the concerned Pa ncha ya t, or to any ot her officer authorised by him in this b ehalf, for being identified as a manua l scavenger. (2) On receipt of an application under sub-section (1), the Chief Executive Officer shall ca use it to be enquired into, either as part of the survey undertaken under section 14 or when no such survey is in progr ess, within fifteen days of receipt of such applica tion, so as to ascertain whether the applica nt is a manual scavenger. 16.Any person included in the final list of manual scavengers, published in pursuance of section 14 or added thereto in pursuance of sub- section (2) of section 15 shall be rehabilitated,mutatis mutandis, in the manner laid down for urban manual scavengers in section 13.Surve y of manual scavengers in rural areas by Panchayats. Application by a rural manual scavenger for identification. Rehabilitation of persons identified as manual scavengers b y a Panchayat. Ex-179/20148 CHAPTER - V IMPLEMENTING AUTHORITIES 17.Notwithstanding anything contained in any other law for the time being in force, it shall be the responsibilit y of every loca l authority to ensure, through awareness campaign or in such other manner that a fter the expiry of a period of nine months, from the date of commencement of this Act,— (i) no insanitary latrine is constructed, maintained or used within its jurisdiction; and (ii) in case of contravention of clause (i), action is taken aga inst the occupier under sub-section (3) of section 5. 18.The appropriate Government may confer such powers and impose such duties on local authority a nd District Ma gistrate as ma y be necessary to ensure that the provisions of this Act are pr operly carried out, and a local authority and the District Magistrate may, specify the subordinate officers, who shall exercise all or any of the powers, and perfor m all or any of the duties, so conferred or imposed, and the local limits within which such powers or duties shall be carried out by the officer or officers so specified. 19.The District Magistrate and the authorit y authorised under section 18 or any other subordina te officers specified by them under that section shall ensur e that, after the expiry of such period as specified for the purpose of this Act,— (a) no person is engaged or employed a s manua l scavenger within their jurisdiction; (b) no one constructs, maintains, uses or makes available for use, an insanita ry latr ine; (c)manual scavengers identified under this Act are rehabilitated in accordance with section 13, or as the case may be, section 16; (d)persons contravening the provisions of section 5 or section 6 or section 7 are investigated and prosecuted under the provisions of this Act; and (e)all provisions of t his Act applica ble within his jurisdiction are duly complied with. 20.(1) T he appropriate Government may, by notification, appoint such persons as it thinks fit to be inspectors for the purposes of this Act, and define the local limits within which they shall exercise their powers under this Act. (2) Subject to any rules made in this behalf, an inspector may, within the local limits of his jurisdiction, enter, at all reasonable times, with such assistance as he considers necessar y, any premises or place for the purpose of,— (a)examining a nd testing any latrine, open drain or pit or for conducting an inspection of any premises or pla ce, where he ha s reason to believe that an offence under this Act has been or is being or is about to be committed, and to prevent employment of any person as manual scavenger;Responsibility of l oc al authorities to ensure elimination of insanitary latrines. Authorities who may be specified for implementing provisions of this Act. Duty of District Magistrate and authorised of ficers. Appoi ntme nt of inspectors and their powers: Ex-179/2014 9 (b)examine any person whom he finds in such premises or place and who, he has reasonable cause to believe, is employed as a ma nual scavenger therein, or is otherwise in a position to furnish infor mation a bout compliance or non-compliance with the provisions of this Act and the r ules made thereunder; (c)require any person whom he finds on such premises, to give information which is in his power to give, with respect to the names and address es of persons employed on such premises a s manua l scavenger and of the persons or agency or contra ctor employing or engaging them; (d)seize or ta ke copies of such registers, record of wages or notices or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by t he principal employer or agency; and (e)exer cise such other power s a s may be prescribed. (3) Any person required to produce any document or thing or to give any information required by an inspector under sub-section (2) s hall be deemed to be legally b ound to do so within t he meaning of section 175 and section 176 of the Indian P enal C ode. (4) The provisions of the Code of Criminal Procedure, 1973, shall, so far as may be, apply to any such search or seizure under sub-section (2) as they apply to such search or seizure made under the authority of a warr ant issued under section 94 of the said C ode. CHAPT ER VI PROCEDURE FOR TRIAL 21.(1) The Sta te Government may confer, on a n Executive Magistrate, the powers of a Judicial Magistrate of the first class for the tria l of offences under this Act ; and, on such conferment of powers, the Executive Magistrate, on whom the powers are so conferred, shall be deemed, for the pur poses of the Code of Criminal Procedure, 1973, to be a Judicial Magistrate of the first class. (2) An offence under this Act may be tried summar ily. 22.Notwithstanding anything contained in the Code of Criminal Pr ocedure, 1973, ever y offence under this Act shall be cogniza ble and non-bailable. 23.(1) Where an offence under this Act has been committed by a company, ever y person who, at the time the offence was commit ted, was in char ge of, and was responsible to, the company for the conduct of the business of the compa ny, as well as the company, shall b e deemed to be guilty of the offence and sha ll be liable to be proceeded against and punished accordingly. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a compa ny and it is proved that offence has been commit ted wit h the consent or connivance of, or is attributable to, any neglect on the part of, any director, mana ger, secr etary or other officer of the company, such director, manager, secretary45 of 1860. 2 of 1974. Offences to be tried by Executive Magistrate. 2 of 1974 Offence to be cogni- zable and non-bailable. Offences by companies. Ex-179/201410 2 of 1974. or other officer shall be deemed to be gu ilty of that offence a nd shall be liable to be proceeded against and punished a ccordingly. Explanation.—For the purposes of this section,— (a) “company” means any body corporate and includes a fir m or other association of individuals; and (b) “director” in relation to a firm, means a partner in the firm. CHAPTER VII VIGILANCE COMMITTEES 24.(1) Every State Government shall, by notification, constitute a Vigilance Committee for each district and each S ub-Division. (2) Each Vigilance Committee constituted for a district shall consist of t he following members, namely:— (a) the District Magistrate—Chairperson,ex officio; (b) all memb ers of the Sta te Legis la ture belonging to the Scheduled Cast es elec ted fr om the distric t—memb ers: Provided that if a district has no member of the State Legislature belonging to the Scheduled Castes, the State Government may nominate such number of other memb ers of the Stat e Legis la ture from the distr ict, not exceeding two, as it ma y deem appropriate. (c) the district Superintendent of Police— member,ex officio; (d) the Chief Executive Officer of,— (i) the Panchayat at the district level—member,ex officio; (ii) the Municipalit y of the district headqua rters—member,ex officio; (iii) any other Municipal Corpora tion constituted in the distr ict— member,ex officio; (iv) Cantonment Board, if any, situated in the distr ict—member, ex officio; (e) one representative be nominated by the railway authority located in the distr ict: (f) not mor e than four social workers belonging to organisa tion working for the prohibition of manual scavenging a nd rehabilitation of manual scavengers, or, represent ing the scavenger community, resident in the district, to be nomina ted by t he District Magistrate, two of whom shall be women; (g) one person to r epresent the financial and credit institutions in the district, to be nominated by the District Magistrate; (h) the district-level officer in-charge of the Scheduled Castes Welf ar e— Member-S ecr et ar y,ex officio; (i) district -level officer s of Departments and a gencies who, in the opinion of the District Magistrate, subject to general orders, if any, of the State Gover nment, have a significant role to pla y in the implementation of this Act. (3) Each Vigilance Committee, constituted for a Sub-Division, shall cons ist of the following members, namely:—Vigilance Committees. Ex-179/2014 11 (a) the Sub-Divisional Magistrate—Chairperson,ex officio; (b ) the Chairpersons a nd the Chief Executive Officers of Panchayats at intermediate level of the Sub-Division, and where Panchayats at intermediate level, do not exist, Cha irpersons from two Pa nchayats at Village level to be nominated by the Sub-Divisional Magistr ate—member, ex officio; (c) the Sub-Divisional Officer of Police—member,ex officio; (d) Chief Executive Officer of— (i) the Municipality of the Sub-Divisional headquarters—member, ex officio; a nd (ii) Cantonment Board, if any, situated in the Sub-Division— member,ex officio; (e) one representa tive to be nominated by the railwa y authority loca ted in the Sub-Division—member,ex officio; (f) two social workers belonging to the organisation working for the prohibition of manual scavenging and rehabilitation of the manual scavengers, or representing the scavenger community resident in the Sub- Division, to be nominated by the District Magistrate, one of whom shall be a woman; (g) one person to r epresent the financial and credit institutions in the Sub-Division, to be nominated by the Sub-Divisional Magistr ate; (h) the Sub-Divisional level officer in-charge of Scheduled Ca stes welfare— M ember-Secret ary, ex officio; (i) Sub-Divisional level officer s of Department and a gencies who in the opinion of the Sub-Divisional Magistrate, subject to any general orders of t he State Government or the Dis trict Magistrate, have a significant role to play in the implementation of this Act—member,ex officio. (4) Each Vigilance Committee constituted at district and Sub- Divisional level shall meet at least once in every three months. (5) No proceeding of a Vigilance Committees shall be invalid merely by r eason of any defect in its constitution. 25. The functions of Vigilance Committee shall be— (a) to advise the District Magistrate or, as the case may be, the Sub-Divisional Magistrate, on the action which needs to be taken, to ensure that the provisions of this Act or of any rule ma de thereunder are properly imp lement ed; (b) to oversee the economic and social rehabilitation of manual scavengers; (c) to co-ordinate the fu nctions of all concerned agencies with a view to channelize adequa te credit for the r ehabilita tion of ma nual scavengers; (d) to monit or the registra tion of offences under this Act and t heir investigation and prosecution. 26.(1) Every State Government shall, by notification, constitute a State Monitoring Committee, consisting of the following members, namely:— Functions of Vigilance Committee. State Monitoring Committee. Ex-179/201412 (a) the Chief Minister of State or a Minister nomina ted by him— Chai r per son,ex officio; (b) the Minister-in-charge of the Scheduled C astes Welfare, and such other Department, as the Sta te Government may notify; (c) Chairperson of the State Commissions for Safai Karamcha ris, and Scheduled Castes, if any— member,ex officio; (d) representatives of the National Commission for Scheduled Castes, and Safai Karamcharis—member,ex officio: (e) not less than two members of the State Legislatur e belonging to the Scheduled Ca stes, nominated by the State Government: Provided that if a ny State Legislature has no member belonging to the Scheduled Castes, the State Government may nominate the members belonging to the Scheduled Tribes; (f) the Director-General of Police— member,ex officio; (g) Secretaries to the State Government in the Departments of Home, Pancha yati Ra j, Urban Local Bodies, and such other Departments, as the State Gover nment may notify; (h) Chief Executive Officer of at least one Municipal Corporation, Panchayat a t the district-level, Cantonment Boar d and r ailway a uthorit y as the State Government may not ify; (i) not mor e than four social workers belonging to organisa tion working for the prohibition of manual scavenging a nd rehabilitation of manual scavengers, or, represent ing the scavenger community, resident in the State, to be nominated by the State Government, two of whom shall be women; (j) State-level head of the convener Ba nk of the State Level Bankers’ Committee— member,ex officio; (k) Secreta ry of t he Depa rtment of the State Government dealing with develop ment of the Scheduled Castes— Member-Secretar y,ex officio; (l) such other representative of Departments of the State Government a nd such other a gencies which, in the opinion of the State Government, are concerned with the implementation of this Act. (2) The State Monitoring Committee shall meet at least once in ever y six months and shall observe such r ules of procedure in r egard to the transaction of business at its meetings as may be prescribed. 27.The functions of the State Monitoring Committee shall be— (a) to monitor and advise the State Government and local authorities for effective implementa tion of this Act; (b) to co-ordinate the functions of all concerned agencies; (c) to look into a ny other matter incidental thereto or connected therewith for implementa tion of this Act. 28.Every State or Union territory Government and Union territory administration shall send such periodic reports to the Central Government about progress of implementa tion of this Act, as the Central Government may require.Functions of the State Monitoring Committee. Duty of States or Union territories to send periodic reports to the Central Government Ex-179/2014 13 29.(1) The Central Government shall, by notification, constitute a Central Monitoring Committee in accordance with the provisions of this section. (2) The Central Monitoring Committee shall consist of the following member s, namely:— (a) The Union Minister for Social Justice and Empowerment— Chairperson,ex officio; (b) Cha irperson of the Nationa l C ommission for S chedu led Castes—member,ex officio; (c) Minister of State in the Ministry of Social Justice and Empowerment - memb er,ex officio; (d) Chairperson, Na tional Commission for Safai Karamcha ris— member,ex officio; (e) the Member of the Planning Commission dealing with development of the Scheduled Castes—member,ex officio; (f)thr ee elected members of P ar liament belonging to Scheduled Castes, two from the Lok Sabha and one from the Rajya Sa bha; (g)Secr etaries of the Minis tries of,— (i) Social Justice and Empowerment, Department of Social Justice and Empowerment; (ii) Urban Development; (iii) Housing and Urban Poverty Alleviation; (iv) Drinking Wa ter and Sanitation; (v) Panchayati Raj; (vi) Fina nce, Department of Fina ncial Services; and (vii) Defence, members,ex officio; (h) Chair man, Railway Boa rd—member,ex officio; (i) Direct or-General, Defenc e Estat es— member,ex officio; (j) repr esentatives of not less than six State Governments and one Union territ ory, as the Central Government may, notify; (k) not more than six social workers belonging to organisation working for the prohibition of manual scavenging and rehabilitation of manual scavengers, or, representing the scavenger community, resident in the country, to be nominated by the Chairperson, two of whom shall be women: (l) Joint S ecretar y, Depa rtment of Socia l Justice and Empowerment in the Ministry of Social Justice and Empowerment, looking after development of Scheduled C ast es—M ember-Secret ary,ex officio: (m) such other repr esentatives of Central Ministries or Departments and agencies which, in the opinion of the Chair person, are concerned with the implementation of this Act. (3) The Central Monitoring Committee shall meet at least once in every six months. 30. The functions of the Centr al Monitoring C ommittee shall be,— (a) to monitor and advise the Central Government and State Government for effective implementation of this Act and related laws and pr ogr a mmes;Central Monitoring Committee. Functions of the Central Monitoring Committee. Ex-179/201414 (b) to co-ordinate the functions of all concerned agencies; (c) to look into any other matter incidental to or connected with implementation of this Act. 31.(1) The National Commission for Safai Karamcharis shall perform the following functions, namely:— (a) to monitor the implementation of this Act; (b) to enquire into complaints regarding contravention of the provisions of this Act, and to convey its findings to the concerned authorities with recommendations requiring further action; and (c) to advise the Central and the State Governments for effective implementation of the provisions of this Act. (d) to takesuo motu notice of matter relating to non-implementation of this Act. (2 ) In the discha rge of it s funct ions under sub-s ection (1), the National Commission shall have the power to call for information with resp ect to any matter specified in that sub-section from any Government or local or other author ity. 32.(1) The Sta te Government may, by notification, designate a State Commission for Sa fai Kar amchar is or a State Commission for the Scheduled Ca stes or such other statutory or other authorit y, as it deems fit, to perform, within the State,mutatis mutandis, the funct ions specified in sub-section (1) of section 31. (2) An authority designated under sub-section (1) shall, within the Stat e, ha ve,mutatis mutandis, the powers of the National Commission for Safai Karamcharis as specified in sub-section (2) of section 31. CHAPT ER VIII MISCELLANEOUS 33.(1) It shall be the duty of every local authorit y and other agency to use appropriate technological appliances for cleaning of sewers, sept ic tanks and other spaces within their control with a view to elimina ting the need for the manual handling of excreta in the process of their cleaning. (2) It shall be the duty of the appropriate Government to promote, through financial assistance, incentives and ot herwise, the use of modern technology, as mentioned in sub-s ection (1). 34.No suit, prosecution or other legal proceeding shall lie against an appropriate Government or any officer of the appropriate Government or any member of the Committee for anything which is in good faith done or intended to be done under this Act. 35.No civil court shall have jurisdiction in respect of any matter to which any provision of this Act applies and no injunction shall be gra nted by any civil court in resp ect of anything, which is done or int ended to be done, by or under this Act.Functions of National Commission for Safai Karamcharis. Power of State Government to designate an appropriate authority to monitor the implementation of this Act. Duty of local authorities and other agencies to use modern technology for cleaning of sewers, etc. Protection of action taken in good faith. Jurisdiction of civil courts barred. Ex-179/2014 15 36.(1) T he a ppr opriate Government sha ll, by notifica tion, make rules for carrying out the provisions of this Act, within a period not exceeding three months from the date of commencement of this Act. (2) In particular, and without prejudice to the gener ality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the obligation of an employer, under clause (d) of sub-section (1) of section 2; (b) the manner in which the excreta fully decomposes under clauses (e) and (g) of sub-section (1) of section 2; (c) the ma nner of car rying out survey of insanitar y latrine and publishing list thereof under clause (a) of sub-section (1) of section 4; (d) procedur e of giving notice and recovering cost of demolition of an insanita ry latr ine under sub-section (3) of section 5; (e) content and methodology of t he sur vey under sub-section (2) of section 11; (f) the eligibilit y conditions for identifica tion of manual scavengers and publication of provisional list of persons found to be working as manual scavengers under sub-section (4) of section 11; (g) publication of final list of persons found to be working as manual scavengers under sub-section (6) of section 11; (h) ma nner of a p p lica t ion t o b e ma de t o t h e C hief E x ecu t iv e Officer of the municipality, or to an officer authorised by him in this behalf, under sub-section (1) of section 12 or, as the case may be, sub-section (1) of section 15; (i) provision of initial, one time, cash assistance under sub-clause (ii) of clause (a) of sub-section (1) of section 13; (j) such other powers of Inspector s under clause (e) of sub-section (2) of section 20; and (k) any other matter which is required to be, or may be, prescribed. (3)Every rule made under this Act by the Central Government 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 successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in t he rule or both Houses agree that the rule should not be ma de, the rule shall thereafter ha ve effect only in such modified form or be of no effect, as t he case may be; so, however, that any such modification or annulment shall be without pr ejudice to the validity of anything pr eviously done under that rule. (4) Every r ule made under this Act by the State Government shall, as s oon as may be after it is ma de, be laid before each House of S tate Legisla ture, wher e ther e a re two Houses and where there is one Hous e of Stat e Legis la ture, befor e tha t House. 37.(1) Notwithstanding anything contained in s ection 36 of this Act:—Power of appropriate Government to make rules. Power of Central Govern- me nt t o ma ke model rules. Ex-179/201416 (a) the Central Government shall, by notification, publish model rules for the guidance and use of State Governments; and (b) in case the State Government fails to notify the rules under section 36 of this Act within the period of three months specified therein, then the model rules as notified by the Central Government shall be deemed to have come into effect,mutatis mutandis, in such State, till such time as the State Government notifies its rules. (2)The model r ules made by the Centr al Government u nder this Act shall be laid, as soon a s may be after they ar e made, before each House of Par liament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sess ions, and if, before the expir y of the session immediately following the session or the successive sessions afor esaid, both Houses make any modification in the rule, the rule shall thereaft er have effect only in such modified form; so, however, that any such modification shall be without prejudice to the validity of anything previously done under that r ule. 38.(1) If any difficu lty arises in giving effect to the provisions of t his Act, the Central Government may, by order publis hed in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made in relation to a State after the expiration of three years from the commencement of this Act in that St ate. (2) Every or der made under this section shall, as soon as may be after it is made, be laid befor e each House of Parliament. 39. (7) T he appropriate Gover nment ma y, by a genera l or special order published in the Official Gazette, for reasons t o be recorded, and subject to such conditions as it may impose, exempt any area, category of buildings or class of persons from any provisions of this Act or from any specified requirement conta ined in this Act or any rule, order, notification, bye-laws or scheme made thereunder or dispense wit h the observance of any such requirement in a class or classes of cases, for a period not exceeding six months at a time. (2) Every general or special order made under this section shall be laid, as soon as ma y be after it is made, befor e each House of Parlia ment or each House of S tate Legislature, where there are two Houses and where ther e is one House of S tat e Legis la ture, befor e tha t House. Power to remove difficulties. Power to exempt. Ex-179/2014 17 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-500.

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLIII Aizawl, Monday 28.4.2014 Vaisakha 8, S.E. 1936, Issue No. 180 THE RAJIV GANDHI NATIONAL AVIATION UNIVERSITY ACT, 2013 to establish and incorporate a national aviation University to facilitate and promote aviation studies and research to achieve excellence in areas of aviation management, policy, science and technology, aviation environment, training in governing fields of safety and security regulations on aviation and other related fields to produce quality human resources to cater to the needs of the aviation sector and to provide for matters connected therewith or incidental thereto. BE it enact ed by Parliament in the Sixty-fourth Year of the Republic of India as follows:— 1.(1) This Act may be called the Rajiv Gandhi National Aviation University Act, 2013. (2) It shall come into force on such date as the Centr al Government may, by notification in the Official Ga zette, appoint and different dates may be appointed for differ ent provisions of this Act. 2.In t his Act , and in all St atutes made hereunder, unless the cont ext otherwise requir es,—NOTIFICATIONNo. H. 12017/55/2012-LJD, the 15th April, 2014.The following Central Act is hereby re-published for general information. The Rajiv Ga ndhi National Aviation University Act, 2013 (Act No. 26 of 2013) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. Definitions. Short title and commencement (a) “ Academic Council” means the Academic Council of the University; , (b) “academic staff” means such categories of staff as are designated a s academic staff by the Ordinances; (c) “‘Boa rd of S chools” means the Boa rd of S chools of t he University; (d) “ Campus” means the unit est ablis hed or constituted by the University for making arr angements for instruction, r esearch, educa tion and tra ining; (e) “Chancellor and Vice-Chancellor” mean, respectively, the Chancellor and Vice-Chancellor of the University; (f) “College” means a college maintained by or admitted to the privileges of the University for imparting education and training in avia tion studies or in its associated disciplines; (g) “Court” means t he Court of the University; (h) “Dean of School” means an administra tive officer in charge of a college, faculty or a Division in a University; (i) “Department” means a Department of Studies and includes a Centr e of Stu dies; (j) “Director General” means the Director General of Civil Aviation; (k) “Distance Educa tion System” means the system of impar ting education thr ough any means of communication, such as broadca sting, telecasting, internet, correspondence courses, seminars, contact programmes, e-lear ning or the combination of such means; (l) “employee” mea ns any person appointed by the University and includes teachers a nd other staff of the University; (m) “Executive Council” means the Executive Council of the University; (n) “Fina nce Commit tee” means the Finance Committee of the University; (o) “Hall” means a unit of residence for the students of the University or of a College or an Ins titution maintained by the University; (p) “Institution” means an institution, school, college or centr e of studies maintained by or a dmitted to the privileges of the University for impa rting edu ca tion, training a nd research in a via tion studies or in its associated disciplines; (q) “notification” means a notification published in the Official Ga zett e; (r) “off-shore Campus” means an institution, college, centre, school or campus of the Universit y established outside the country; (s) “princip al” means the head of a college or an institution; (t) “recognised Institution” means an institution admitted to the privileges of the University for imparting education in aviation studies or its associated disciplines; (u) “recognised teachers” means such persons as ar e recognised by the University for the purpose of impa rting instructions in a college or an institution admitted to the privileges of the University; (v) “school” means a School of S tudies of the University; Ex-180/20142 (w) “Statutes”, “Ordinances” and “Regulations” mean, respectively, the Statutes, the Ordinances and the Regulations of t he University made under this Act; (x) “teachers of the Universit y” means Professors, Associate Professors, Assistant Professors, Readers, Senior Lecturers, Lecturers and such other persons as may be appointed or recognised for imparting instruction or conducting research in the University or in any college or institution maintained by the University or for giving guidance to students for any cour se of study of the University are designated as teachers by the Statutes; (y) “University” means the National Aviation University established under this Act; (z) “University Grants Commission” means the Commission established under section 4 of the University Grants Commission Act, 1956. 3.(1) There shall be established a University by the name of “Rajiv Gandhi National Aviation University”. (2)The headqua rters of the University shall be at Fursatganj in the District of Raebareli in the State of Uttar Pradesh; (3)The University may establis h or ma intain campuses and centres at such other pla ces within its jurisdiction a s it ma y deem fit. (4)The fir st Chancellor, the fir st Vice-C hancellor, the first members of the Court, the Executive Council, the Aca demic Council, and all persons who ma y hereafter become such officers or members, so long as they continue to hold such office or membership, shall constitute the University. (5)The University shall have perpetual succession and a common seal with power, subject to the pr ovisions of this Act, to acqu ire, hold and dispose of property and to contract, a nd shall by tha t name, sue and be su ed. (6)The University shall be a teaching, resea rch and affilia ting Avia tion University. 4.The objects of the Universit y shall be,— (i) to facilitate a nd promote avia tion studies, teaching, training, research and extension work with focus on emerging areas of studies such as aviation management, aviation regulation and policy, aviation history, aviation science and engineering, aviation law, aviation safety and security, aviation medicine, search and rescue, transportation of dangerous goods, environmental studies and other related fields, a nd also to achieve excellence in these and connected fields in emerging areas and such areas as ma y emerge in future; (ii) to promote advanced knowledge by pr oviding institutional and research facilities in such branches of learning as it may deem fit and to make provisions for integrated courses in mana gement, science and other key a nd frontier areas of technology and allied disciplines in the educational programmes of the University; (iii) to create an ambience for learning and scholarship in avia tion technology; (iv) to take appropriate measures for ensuring and regulating the quality of aviation educa tion pr ogrammes in India offered by recognised institutions;Establishment of University. 3 of 1956 Obje cts of University. Ex-180/2014 3 (v) to develop academic standards of an international level and under take other measu res as it may deemed fit, to facilitate the development for skilled aviation manpower including the licensed ca tegory of avia tion per sonnel; (vi) to develop var ious pr ogrammes for a irlines, airpor t, avia tion authorities and staff ranging from airline management and marketing, airport mana gement, regulations and aviation law, aviation safety and securit y or any other programme and train manpower in avia tion field; (vii) to ta ke appropriate measures for promoting innova tions in teaching- lear ning process, undertake inter-disciplinary studies a nd resea rch. 5.(1 ) The University sha ll ha ve t he following powers, namely:— (i) to provide for instructions in the aviation related natural sciences, social sciences, humanities, engineering, technology and medicine or as the University may, fr om time to time, determine and to make pr ovision for research and for the adva ncement and dissemina tion of knowledge; (ii) to recognise aviation training colleges and institutes and to make provisions for recognising of such colleges and institutions, maintenance of standards a nd to undertake special studies; (iii) to establish and maintain campuses, departments, laboratories, libr aries, museums, centres of research, training and specialised studies; (iv) to establish and maintain hostel, health centres and other related facilities like auditor ia, playgrounds, gymna siums, swimming pools and tra ining facilities; (v) to establish linkages and collaborate with a ny other college or University, research institution, industr y association, professional or any other organisations in India or outside India to conceptualise, design and develop specific pr ogrammes on aviation as part of education and resea rch, tra ining pr ogra mmes and exchange pr ogra mmes for students, a cademic staff and others: (vi) to provide for establishment of campuses, colleges and Institutions for serving a group of recognised colleges and to provide for and maintain common resource centr es in such campuses in the for m of libr aries, laboratories, computer centres and the like centres of learning; (vii) to prepare educational programmes or courses leading to award of Diploma, Degree, Post Graduate Degrees in the field of civil aviation; (viii) to grant, subject to such conditions as the University may determine, degrees including doctoral degrees, diplomas or certificates other than Certificates of Competencies of licensed aviation personnel, which shall continue to be issued by Director General of Civil Aviation. Government of India till the Central Government otherwise decides, and confer degrees and other academic distinctions on the ba sis of examinations, evaluation or any other method of testing on persons, and to withdra w any such degrees including doctoral degrees, diplomas, certificates, or other academic distinctions for good and sufficient ca use; (ix) to confer honorary degrees or other distinctions in the ma nner prescribed by the Statutes; Powers of University. Ex-180/20144 (x) to orga nise and to undertake extra-mural studies, training and extension services; (xi) to institute Directorships, Principalships, Professorships, Associate Professorships, Assistant Professorships and other teaching or academic positions, required by the University and to appoint persons to such Principalships, Professorships, Associate Professorships, Assistant Professorships or a cademic positions; (xii) to pr ovide for the terms a nd conditions of service of Directors, Principals and teachers and other members of the academic staff appointed by the Univer sity; (xiii) to appoint persons working in any other Univer sity or orga nisation as teachers of the University for a specified period; (xiv) to recognise an institution of higher learning for such purposes as the University may determine a nd to withdraw such r ecognition; (xv) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff; (xvi) to appoint on contract or otherwise visiting Professors, Emeritus Professors, Consultants, S cholars and such other persons who may contribute to the adva ncement of the objects of the University; (xvii) to cr eate teaching, non-teaching, administrative, ministerial and other posts in the University and to make appointments thereto; (x viii) to co-op era te or collabor ate or associate wit h any other University or authority or institution of higher learning within India or located outside the country, in such manner and for such purposes as the University ma y deter mine; (xix) to approve appointment of persons for imparting instruct ions in any institution admitted to the privileges of the University and to withdraw such approval; (xx) to inspect recognised instit utions through suitable machinery established for the purpose, and to take measures to ensure that proper standards of instruction, teaching and tr aining a re maintained by them, and adequate library, laboratory, hospital, workshop and other academic facilities are provided for; (xxi) to coordinate the work of different colleges and institutions working in t he same and similar ar eas; (xxii) to set up facilities like computer centre, training centre, instrumentation centre, library, simulators or other units for research and instruction as are, in the opinion of the University, necessary for the furtherance of it s objects; (xxiii) to set up curriculum development centres for different subjects; (xxiv) to admit to its privileges colleges and institutions, not maintained by the Universit y, and to withdraw all or any of those privileges in a ccordance with such conditions as may be pr escribed by the Statutes; (xxv) to recognise guide, supervise and control Halls not maintained by the University and other accommodation for students, and to withdraw any such recognit ion;Ex-180/2014 5 (xxvi) to make provision for research and advisory services and for that pur pose, to enter into such arrangements with other institutions or bodies as t he University may deem necessary; (xxvii) to determine standards of admission to the University, which may include examina tion, evaluation or any other method of test ing; (xxviii) to institute and award fellowships, scholarships, studentships, assistantships, medals and prizes; (xxix) to demand a nd receive payment of fees and other char ges; (xxx) to supervise the residences of the students of the Univer sity and to make arrangements for promoting t heir health and gener al welfare; (xxxi) to make such special arrangements in respect of women students as the Universit y may consider desira ble: (xxxii) to regulate the conduct of the students of the University; (xxxiii) to control and regulate admission of students for var ious courses of study in Departments, recognised institutions, schools and centres of studies; (xxxiv) to regulate the work and conduct of the employees of the University; (x xxv) t o regulate and enforce discipline among the employees and students of the University a nd to ta ke such disciplinary measures in this regard as may be deemed necessary; (xxxvi) to make ar rangements for promoting the health and general welfare of the employees of the University: (xxxvii) to receive benefa ctions, donations and gifts from persons and to name after them such chairs, institutions, buildings and the like, the University may determine, whose gift or donation to the University is worth such amount as the University may decide; (xxxviii) to acquire, hold, mana ge and dispose of any property, mova ble or immovable, including trust and endowment properties for the purposes of the University; (xxxix) to borrow, with the appr oval of the Central Government, on t he secur ity of the property of the University, money for the purposes of the University; (xl) to assess needs of the students in terms of subjects, fields of specialisation, levels of education and tr aining of technical manpower, both on short and long term ba sis, and to initiate necessary programmers to meet these needs; (xli) to initiate measures to enlis t the co-operation of the industry to provide complementary facilities; (xlii) to provide for instruction through “distance learning” and “open appr oach” a nd for mobilit y of students from the non-formal open lear ning stream to the formal stream andvice versa; (xliii) to establish such campuses, special centres, specialised laboratories or other units for research and instruction as a re, in the opinion of the University, necessa ry for the fur therance of its object ive; (xliv) to confer autonomous status on a college or an institution or a Department, as the case may be, in accordance with the Statutes; (xlv) to arr ange for the tr aining t o upgra de aviation sta ndard of the employees of the industry and institutes and to levy fees for such training as p rescrib ed by the Statu tes; Ex-180/20146 (xlvi) to establish off-shore Campus at any place outside the Country as a nd when it is consider ed necessary for adva ncing the aims and objects of t he University; and (xlvii) to do all such ot her acts and things as may be necess ary, incidental or conducive to the attainment of a ll or a ny of its objects. (2) In exercising its powers referr ed to in sub-section (1), it shall be the endeavour of the Universit y to ma intain an internationa l chara cter and highest possible standards of teaching and resea rch. 6.The jurisdiction of the University shall extend to the whole of India. 7.The University sha ll be open to persons of either sex and of whatever caste, creed, race or class, and it shall not be la wful for the University to adopt or impose on any person, any test whatsoever of religious belief or pr ofession in order to entitle him to be appointed as a teacher of the University or to hold any other office therein or be admitted a s a student in the University or to graduate thereat or to enjoy or exer cise any privilege thereof: Provided tha t nothing in this section sha ll be deemed to prevent the University from making special provisions for the employment or promotion of educationa l interests of women, physically cha llenged or of persons belonging to the weaker sections of the s ociety and, in particular, of the Scheduled Castes a nd the Scheduled Tribes: Provided further t hat no such special p rovision shall be made on the ground of domicile. 8. (1) There shall be a University Fund which sha ll include— (a) any contribution or grant ma de by the Central Government or an instrumentality of the Central Government; (b) any cont ribution or gr ant made by the State Governments; (c) any contribution from aviation compa nies and aviation industry both Indian and international; (d) any bequests, donations, endowments or other gra nts made by any private individual or institution; (e) income received by the University from fees and charges; and (f) amounts received from any ot her source. (2) The said fund shall be utilised for such purposes of the University and in such manner as may be prescribed by the Sta tutes a nd the Ordinances. 9.(1) T he President of India shall be the Visitor of the University: Provided that the President may, by order, nominate any person to be the Visit or and such person so nominated shall hold office for such t erm, not exceeding five years a s may be specified in the order and the person so nominated shall exercise the powers and discharge duties of the Visitor. (2) The Visitor may, from time to time, appoint one or mor e persons to r eview the work and progress of the University, including colleges andJurisdiction University open to all classes, castes and creed Fund of University. T h e V i s i t o r. Ex-180/2014 7 institutions managed by it, and to submit a repor t thereon; and upon receipt of t hat report, the Visitor may, a fter obtaining the views of t he Executive Council thereon through the Vice-Chancellor, take such action and issue such directions, as he considers necessary, in respect of any of the matters dealt with in the report a nd the University sha ll be bound to comply with such directions. (3) The Visitor shall have the right to cause a n inspection to be made by such person or persons a s he ma y direct, of the University, its buildings, libraries, laboratories and equipment, and of any college, institution or campus maintained by the University and also of the examinations, instruct ion a nd other work conducted or done by the Universit y and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, colleges or institutions. (4) The Visitor shall, in every matter r eferred to in sub-section (3), give notice to the University of his intention to cause an inspection or inquiry to be made— (a) to the University, if s uch inspection or inquiry is t o be made in resp ect of the University or any college or institution maintained by it , or (b) to the management of the college or institution, if the inspection or inquiry is to be made in respect of the college or institution admitted to the privileges of the University, and the Univer sity or the management, as the case ma y be, shall have the r ight to make such repr esentations to the Visitor, as it may consider necessary. (5) After considering the representations, if any, made by the University or the management, as the ca se may be, the Visitor may cause to be made such ins pection or inquiry as is referred to in sub-section (3). (6) Where any inspection or inquiry has been caused to be made by t he Visit or, the University shall be entitled to appoint a representative, who sha ll ha ve the r ight to be pr esent in person and be heard at such inspection or inquiry. (7) The Visitor may, if the inspection or inquiry is made in respect of the University, college or institution maintained by it , address the Vice- Chancellor with reference to the result of such inspection or inquiry together with such views and advice with r egard t o the a ction to be taken thereon, as the Visitor may be plea sed to offer, and on receipt of addr ess made by the Visitor, the Vice-Chancellor shall communicate forthwith to the Executive Council the result s of the inspection or inquiry, and the views of the Visitor and the advice tendered by him upon the action to be taken thereon. (8) The Visitor may, if the inspection or inquiry is made in respect of a ny college or institution admitted to the privileges of the University, address the management concerned through the Vice-Chancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken ther eon. (9) The Executive Council or the management, as the case may be, sha ll communicate, through the Vice-Chancellor to the Visit or such action, if a ny, as it proposes to take or has been taken upon t he result of such inspection or inquiry. Ex-180/20148 (10) Where, the Executive Council or the management does not, within a reasonable time, take action to t he satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representa tion made by the Executive Council or the management, issue such directions as he may think fit and the Executive Council shall comply with such directions. (11) Without prejudice to the foregoing p rovisions of this section, the Visitor may, by order in writing, annul any proceeding of the Univer sity which is not in conformit y with the Act. the Statutes or the Ordinances: Provided that befor e making any such order, the Visitor shall call upon the Registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable t ime, he shall consider the same. (12) Notwithstanding anything contained in the foregoing provisions, the Visitor may give any direction to the University after giving an opportunity to the University as the circumstances warr ant. (13) The Visitor shall have such other powers as may be prescribed by the Statutes. 10.The following shall be the officers of the University:— (1) the Chancellor, (2) the Vice-Chancellor; (3) the Deans of Schools; (4 ) the Registrar ; (5) the Finance Officer; (6 ) the Controller of Examinations: and (7) such other officers as may be declared by the Statutes to be officers of the University. 11.(1) T he Cha ncellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes. (2) The Chancellor shall, by virtue of his office, be the head of the University. (3) The Chancellor shall, if present, preside at the Convocations of the University held for conferring degrees. 12.(1)T he Vice-Chancellor shall be appointed by the Visitor in s uch manner for such term and on such emoluments and other conditions of s ervice a s may be prescribed by t he Statu tes. (2) The Vice-Chancellor shall be the principal executive and academic officer of the Universit y and shall exercise general supervision and control over the affa irs of the University and give effect to the decis ions of a ll the author ities of the University. (3) The Vice-Chancellor may, if he is of opinion that immediate action is necessar y on any matter, exercise a ny power conferred on any authority of the Universit y by or under this Act and shall report to such authority the action taken by him on such matter: Provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the ma tter to the Visitor whose decision thereon sha ll be final:Officers of University The Chancellor. The Vice Chancellor.Ex-180/2014 9 Provided fu rther t hat any person in the service of the University who is aggr ieved by the a ction taken by the Vice-Cha ncellor under this sub-section shall have the right to appeal against such a ction to the Executive Council within ninety days fr om the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancellor. (4) The Vice-Chancellor, if he is of the opinion that any decision of any authority of the University is beyond the powers of the authority conferred by the pr ovisions of this Act. the Sta tutes or the Or dinances or that any decision ta ken is not in the interest of the University, may ask the authority concerned to review it s decision within sixty da ys of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the ma tter shall be referred to the Visitor whose decision thereon shall be final: Provided that the decision of the author ity concerned shall remain suspended dur ing the period of such, decision by the authority or the Visitor, as the case may be, under this sub-section. (5) The Vice-Chancellor may cause an inspection to be made by such person or persons as he may direct, of a College or an Institution not being maintained by the University, its buildings, libraries, labor atories and equipment, and also examinations, teaching and other work conducted or done by the college or the institution and cause an inquiry, to be made in the like manner, in resp ect of any matter connected with the quality of education and other a cademic activit ies of the colleges or the institutions. (6) The Vice-Cha ncellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Or dina nces. 13.Every Dean of the School shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the Statutes. 14.(1) The Registrar shall be a ppointed in such manner and on such terms and conditions of service, as may be prescribed by the Statutes. (2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University. (3) The Registrar shall exercise such powers and perform such duties, as ma y be p rescrib ed by the Statu tes. 15.The Finance Officer shall be appointed in such manner and on such terms a nd conditions of service and shall exercise such powers and perform such duties, as may be prescribed by t he Statutes, 16.The Controller of Examina tions shall be appointed in such manner a nd on such terms and conditions of service and shall exercise s u ch p ower s a nd p er for m s u ch du t i es , a s ma y b e p r es cr ib ed b y t h e S t a t u t es . The Deans of Schools. The Registrar. The Finance O f f i c e r. The Controller of Examinations. Ex-180/201410 17.The manner of appointment, terms a nd conditions of services and powers and duties of other officers of the University shall be prescribed by the Statutes. 18.The following shall be the authorities of the University, namely:— (1) the Court; (2) t he Executive Council; (3) the Academic Council; (4) the Boar d of Affiliation and Recognition; (5) the Boards of Schools: (6) the Finance Committee: and (7) such other authorities as may be declared by the Statutes to be the author ities of the University. 19.(1) The constitution of the Court and the term of office of its members sha ll be prescribed by t he Statu tes: Provided that such number of members, as may be prescribed by the St atu tes, shall be elected from a mong the tea cher s, employees a nd students of the University. (2) Subject to the provisions of this Act , the Court sha ll have the following powers and functions, namely:— (a) t o review, from time to time, the broad policies and progr ammes of the Univer sity and to suggest measures for the improvement and development of the University; (b) to cons ider and pass resolutions on the annual report and the annual accounts of the Universit y and the audit report on such accounts; (c) to advise the Visitor in respect of any matter which ma y be referred to it for advice; and (d) to perform such other functions as may be prescr ibed by the Statutes. 20.(1) The Executive Council shall b e the principa l executive body of the University: Provided that until the first Executive Council is formed, the Steering Committee of the Ministry of Civil Aviation shall function as an int erim Executive Cou ncil. (2) The cons titution of the Executive Council, the term of office of it s memb er s and it s p ower s a nd f u nct ions s ha ll b e p r es cr ib ed b y t he S t a tu t es : Provided tha t such number of members as may be prescribed by the Statutes shall be from among the elected members of the Court. 21.(1) T he Aca demic C ouncil shall be the princip al academic body of the University and shall, subject to the provisions of t his Act, the Statutes and the Or dinances, have the control and supervision over, and be resp onsible for, the maint enance of standards of instruction, education andOther officers. Auth orities of University. The Court The Executive Council. The Academic Council Ex-180/2014 11 examination within the University and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it as may be prescribed by the Statutes. (2) T he Academic Council shall have the right to advise the Executive Council on all academic matters. (3) The constitution of the Academic Council and the term of office of its memb ers sha ll be su ch as ma y be prescrib ed by the Statu tes. 22.(1) The Board of Affiliation and Recognition shall be resp onsible for admitting Colleges and Institutions to the privileges of the University. (2) The constitution of t he Board of Affiliation and Recognition, the term of office of its members and its powers and duties shall be such as may be prescribed by the Statutes. 23.(1) There shall be such number of Boards of Schools as the Univer sity may determine from t ime to t ime. (2) The constitution, powers and functions of the Boards of Schools shall be such as may be prescribed by the Statutes. 24.T he constit ution, powers a nd funct ions of the F ina nce Committee shall be prescrib ed by t he Statu tes. 25.The constitution, powers and functions of other authorities, as may be declared by the Statutes to be the authorities of the University, shall be prescribed by the Statutes. 26. Subject to the pr ovisions of this Act, the St atutes may provide for all or any of the following matters, namely:— (a) the cons titution, powers and functions of authorities and other bodies of the University, as may be constituted from time to time; (b) the election and continuance in office of the members of the said authorities and bodies, the filling up of va cancies of members, and all other matters relating to those authorities and other bodies for which it may be necessar y or des ir able to provide; (c) the manner of appoint ment of the officers of the University, terms and conditions of service, their powers, emoluments and funct ions that may be exercised and performed by such author ity; (d) the manner of appointment of teachers, academic staff and other employees of the Universit y, their emoluments and other conditions of ser vice: Provided that the terms and conditions of teachers, aca demic staff and other employees shall not be va ried to their disadvantage; (e) the manner of appointment of teachers and academic staff working in any other University or organisation for a specific period for undertaking a joint project, their terms and conditions of service and emoluments; (f) the conditions of service of employees inclu ding provisions for pension, insurance and provident fund, the manner of termination of service and disciplinary action; The Board of Affiliation and Recognition Th e Boards of Schools. The Finance C o mmi tt ee Other authorities of University. Power to make Statutes. Ex-180/201412 (g) the principles governing the seniority of service of the employees of the Univer sity; (h) the procedure for arbitration in cases of dispute between employees or students of t he University and the University; (i) the procedure for appeal to the Executive Council by any employee or student against the action of any officer or authority of the University; (j) the coordination and determination of standards in the University; (k) the conferment of autonomous status on a College or an Institution or a Department; (l) the establishment and abolition of schools, Departments, centres, Halls, Colleges and Institutions; (m) the conferment of honor ary degr ees; (n) the withdrawal of degrees, diplomas, certificates and other academic distinctions; (o) the conditions under which Colleges and Institutions ma y be admitted to the pr ivileges of the University a nd the withdra wal of such privileges; (p) the Institution of fellowships, scholarships, studentships, assistantships, medals and prizes: (q) the delegation of powers vested in the authorities or officers of the University; (r) the maintenance of discipline among the employees and students; and (s) all other matters which by this Act a re to be or may be provided for by the Statutes. 27.(1) The fir st Statutes of the University shall be framed by the Steering Committee of the Ministry of Civil Aviation and the copy of the same shall be laid as soon as may be, after it is made, before each House of Parliament. (2) Without prejudice to the provisions contained in sub-section (1), the Executive Council may, from time to time, make new or additional Stat utes or may amend or repeal the Sta tutes in the ma nner hereafter in this section provided: Provided that the Executive Council shall not make, amend or repeal any Statutes affecting the status, powers or constitution of any authorit y of the University until such authority has been given reasonable opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council. (3) Every new Statute or a ddition to the Statutes or any amendment or repeal of a Statute shall require the assent of the Visitor, who may assent thereto or withhold assent or remit to the Executive Council for reconsideration in the light of the observation, if any, made by him. (4) A new Statute or a St atute a mending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor. (5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may ma ke new or additional Statutes or a mend or repeal theStatutes how to be made Ex-180/2014 13 Sta tutes referred to in sub-section (1). during the period of thr ee years immediately after the commencement of this Act: Provided that the Visitor may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such deta iled Statutes a s he ma y consider necessary and such detailed Statutes shall be laid before both Houses of Parliament. (6) Notwithstanding anything conta ined in this section, the Visitor may direct the University to make provisions in the Sta tutes in respect of any matter specified by him and if the Executive Council is unable to implement such direction within sixty days of its receipt, the Visitor may, after considering the reasons, if any ,communicated by the Executive Council for its inability to comply with such dir ection, make or amend the Statutes suitably. 28.(1) Subject to the provisions of this Act and the Statutes, the Or dina nces may p r ovide for all or any of the following ma tters, na mely:— (a) the admission of students to the University and their enrolment as such; (b) the cou rses of study to be la id down for all degrees, diplomas and certificates of the University; (c) the medium of instruction and examination; (d) the awar d of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to t he granting and obta ining of the same; (e) the fees to be charged for courses of study in the Univer sity and for admission t o examinations, degrees and diplomas of the University; (f) t he conditions for a war d of fellowships, scholarships, studentships, assistantships, medals and prizes; (g) the conduct of examinations, including the term of office and manner of a ppointment and the duties of examining bodies, examiners and modera tor s; (h) the conditions of residence of the students of the University; (i) the special ar rangements, if any, which may be made for the residence, discipline and teaching of women students a nd the prescribing of special courses of studies for them; (j) the appointment and emoluments of employees other than those for whom pr ovision has been made in the Statutes; (k) the establishment of Centre of Studies, Board of Studies, Special cent re, Specia lised Labor at or ies and other Committ ees; (l) the manner of co-operation and collaboration with other Universities in India or a broad and authorities including learned bodies or associations; (m) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University; (n) such other terms a nd condit ions of service of teachers a nd other academic staff as are not prescribed by the Statutes; P o we r t o ma ke Ordina nces. Ex-180/201414 (o) the supervision and management of Colleges and Institutions admitted to the privileges of the University; (p) the setting up of a machinery for r edressa l of gr ievances of employees ; a nd (q) all other matters which by this Act or the Statutes may be provided for by the Ordinances. (2 ) T he fir st Or dinances sha ll be ma de by the Vice-Chancellor with the pr evious approva l of the Centr al Government and the Ordina nces so made may be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes. 29.The authorities of the University may make Regulations, cons istent with this Act, the St atutes and the Ordina nces in the ma nner prescribed by the S tatutes, for the condu ct of their own business and that of t he Committees, if any, appointed by them and not pr ovided for by this Act, the Statutes or the Ordinances. 30.(1) The annual report of the University shall be prepared under the direction of the Executive Council, which shall include, a mong other matters, the steps taken by the University towards the fulfilment of its objects and shall be submitted to the Court on or after such date as may be prescribed by the Statutes and the Cour t shall consider the r eport in its annual meeting. (2) The Court shall submit the annual report to the Visitor a long with its comments, if any. (3) A copy of the annual report, as prepared under sub-section (1), shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament. (4) A copy of the annual report shall also be exhibited on the website of t he University after having been la id in both Hou ses of Parliament. 31. (1)The annual accounts and balance-sheet of the University shall be pr epared u nder the directions of the Executive Council and shall, once at least every year a nd at intervals of not more than fift een months, be a udited by the C omptroller and Auditor-General of India or by such persons as he may authorise in this behalf. (2) A copy of the annual accounts together with the a udit report thereon shall be su bmitted to the Court a long with the observations if any, of t he Executive Council a nd the Court will submit the same to the Visitor along with its ob servation. (3) Any observation made by the Visitor on the annual accounts sha ll be brought to the notice of the Court and the observations of the Cour t, if a ny, shall, after being considered by the Executive Council, be submitted to the Visitor. (4) A copy of the annual accounts together with the audit report, as submitted to the Visitor, shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid befor e both Houses of Parliament.Regulations. Annual report. Annual accounts. Ex-180/2014 15 (5) The audited annual accounts a fter ha ving been laid before both Houses of Parliament shall be published in the Gazette of India. 32. The University sha ll furnish to the Central Government such returns or other information with respect to its property or activities as the Central Government may, fr om time to time, require, within such period as may be specified by the C entral Government. 33.(1) The University shall enter into written contract of service with every employee of the University appointed on regular basis or otherwise and the terms and conditions of the contract shall not be inconsistent with the provisions of this Act, the Statutes and the Ordinances. (2) A copy of the contract referr ed to in sub-s ection (1) shall be kept with the University a nd a copy thereof shall also be furnished to the employee concerned. 34.(1) Any dispute arising out of the contr act between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitr ation consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and an umpire a ppoint ed by t he Visitor. (2) The decision of the Tr ibunal of Arbitration shall be final and binding on the parties and no suit shall lie in any civil cour t in respect of the matters decided by t he Tribunal: Provided that nothing in this sub-section shall preclude the employee from availing of the judicial remedies available u nder articles 32 and 22 6 of the Constitution. (3) Every request made by the employee under sub-section (1), shall be deemed to be a submission to ar bitration upon the terms of this section within the meaning of the Arbitr ation a nd Conciliation Act, 1996. (4) T he procedure for regulating the work of the Tribunal shall be prescribed by the Statutes. 35.(1) Any student or candidate for a n examination whose name has been removed from the r olls of the Universit y by the orders or resolution of the Vice-Chancellor, Disciplinary Committee or Examina tion Committee, as the case ma y be, a nd who has been debar red from appearing at the examinations of the Univer sity for more than one year, may, within ten days of the date of receipt of such or ders or copy of such r esolution by him, appeal to the Executive Council and the Executive Council may confirm, modify or r everse the decision of the Vice-Cha ncellor or the Commit tee, as the case ma y be. (2) Any dispute arising ou t of any disciplinary action t aken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the pr ovisions of section 36 shall, as fa r as may be, apply to a reference made under this sub-section. Returns and information. Conditi ons of service of employees. Tribunal of Arbitration. Procedure of appeal and arbitration in disciplinary cases against students Ex-180/201416 36.Every employee or student of the University, notwithstanding anything contained in this Act, have a right to appeal within such time a s may be prescribed by the Statutes, to the Executive Council against the decision of any officer or authority of the University or of the Principal of any College or Institution, as the case ma y be, and thereupon the Executive Council may confirm, modify or reverse the decision appealed against. 37.(1) The University shall constitute for the benefit of its employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as ma y be prescribed by the Statu tes. (2) Where such provident fu nd or pension fund has been so constituted, the Centr al Government may declare tha t the provision of the Provident Funds Act, 1925 shall apply to such fund, as if it were a Government pr ovident fund. 38.If a ny question ar ises as to whether a ny person has been duly elected or appointed a s, or is entitled to be. a member of a ny authority or other body of the Univer sity, the matter shall be referred to the Visitor whose decision thereon sha ll be final. 39.Wher e any authority of the University is given power by this Act or the Statutes to appoint Committees, such Committees shall, save as otherwise pr ovided, consist of the members of the authority concerned and of such other person, if a ny, as the authority in each case may think fit. 40.All the casual vaca ncies among the members (other than ex officio members) of any author ity or other body of t he University s hall be filled, as soon as may be convenient, by the person or body who appointed, elected or co-opted the members whose place has become va cant and the person appointed, elected or co-opted to a casual vacancy shall be a member of s uch authority or body for the residue of the term for which the person of whose place he fills would have been a member. 41.No a ct or pr oceedings of any author ity or other body of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members. 42.No suit or other legal proceedings sha ll lie aga inst any officer or other employee of the University for anything which is in good fait h done or intended to be done in pursuance of any of the pr ovisions of this Act, the Statutes or the Ordinances. 43.A copy of any receipt, application, notice, order, proceedings resolution of any authority or Committee of the University, or otherProvident and pension fund. Disputes as to constitution of University authorities and bodies. Constitution of Committees. Filling of casual vacancies. Proceedings of University authorities or bodies not invalidated by vacancies. Protection of action taken in good faith. Mode of proof of University record. Ex-180/2014 17 Right to appeal. 19 of 1925 docu ments in possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as pr ima facie evidence of such receipt, application, notice, order, proceeding, resolution or documents or the existence of entry in the register and shall be admitted as evidence of the ma tters a nd transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the India n Evidence Act. 1872 or in any other law for the time being in force. 44.(1) If any difficu lty arises in giving effect to the provisions of t his Act, the Central Government may, by order publis hed in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficu lty: Provided that no such order shall be made under this section a fter the expiry of three years from the commencement of this Act. (2) Every order ma de under this section shall be laid, as soon as may be after it is made, befor e each House of Parliament. 45. (1) Every Statute, Ordina nce or Regulation made under this Act shall be publis hed in the Official Ga zette and hosted on the websit e of the University. (2) Every Statute, Ordinance or Regulation made 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 successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regula tion should not be made, the Statute, Ordinance or Regulation s hall thereafter have effect only in s uch modified form or b e of no effect, as the case may be; so, however, tha t any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute, Ordina nce or Regulation. (3) The power to make Sta tutes, Ordina nces or Regula tions s hall include the power to give retrospective effect fr om a da te not earlier than the date of commencement of this Act, to the Statutes, Ordinances or Regulations or any of them but no retrospective effect shall be given to any Statute, Ordinance or Regulation so as to prejudicially affect the interests of any person to whom such S tatute, Or dina nce or Regulation may be applicable. 46.Notwithstanding anything contained in t his Act and the Statutes,— (a) the first Chancellor and the first Vice-Chancellor shall be appointed by the Visitor in such manner and on such conditions as ma y be deemed fit a nd each of the said officers shall hold office for such term, not exceeding five yea rs, as may be specified by the Visitor;1 of 1872 Power to remove difficulties. Statutes. Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament Transitional provisions Ex-180/201418 Role of Central Government (b) the first Registrar and the first Finance Officer shall be appointed by the Visitor on the recommendation of the Vice-Chancellor and each of the said officers shall hold office for a term of three years; (c) the first Court and the first Executive Council shall consist of not more tha n ten members a nd ten members, respectively, who shall be nominated by the Visitor a nd shall hold office for a term of t hree years: (d) the fir st Academic Council s hall consist of not more members than Executive Council and they shall hold office for a t erm of three years: Provided that any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the Visitor, and the person so appoint ed or nominated shall hold office for so long as the officer or member in whose place he is a ppointed or nominated would have held that office, if such vacancy have not occur red. 47.Notwithstanding anything contained in this Act , or in the Statutes or the Ordinances, any student of a College or an Institution, who, immediately before the admission of such College or Instit ution to the privileges of the University, was studying for a degree, diploma or certificate of any Universit y constit uted u nder any Act, sha ll be permitted b y the University, to complete his course for that degree, diploma or certificate, as the case may be, and the University shall pr ovide for the instruct ions and examina tion of such student in accordance with the syllabus of studies of s uch College or Instit ution or University, a s the case may be. 48.(1)T he University shall, in discha rge of its functions under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time. (2) The decision of the Central Government as to whether a question is one of policy or not sha ll be final.Completion of courses of studies in Col leges or institutions affiliated to University. Ex-180/2014 19 Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-500.

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLIII Aizawl, Monday 28.4.2014 Vaisakha 8, S.E. 1936, Issue No. 181 THE WAKF (AMENDMENT) ACT, 2013 AN ACT to amend the Wakf Act, 1995. BE it enact ed by Parliament in the Sixty-fourth Year of the Republic of India as follows:— 1.(1) This Act may be called the Wa kf (Amendment) Act, 2013. (2) It shall come into for ce on such date as the Central Government may, by notification in the Officia l Gazette, appoint. 2.In t he long title t o the Wakf Act, 1995 (hereinafter referred to as the principal Act), for the word “Wakfs”, the word “Auqaf” shall be substituted. 3.In s ection 1 of the principal Act, in sub-section (1), for the word “Wakf, the word “Waqf ’ sha ll be substituted. 4.Throughout the principal Act, for the words “ wakf”, “wakfs” and “wakif ’, wherever they occu r, the wor ds “waqf”, “auqaf ’ and “waqif ’ shall, resp ectively, be substituted, and such other consequential amendments as the rules of gramma r may require shall also be made.NOTIFICATIONNo. H. 12017/55/2012-LJD, the 15th April, 2014.The following Central Act is hereby re-published for general information. The Wakf (Amendment) Act, 2013 (Act No. 27 of 2013) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. 43 of 1995.Short title and commencement Amendment of long title Amendment of section 1. Substitution of references to certain expressions by certain other expressions. 5.In section 3 of the principal Act,— (i) after clause (e), the following clause shall be inserted, namely:— ‘(ee) “encroacher” means any person or institution, public or private, occupying waqf property, in whole or part, without the a uthorit y of law and includes a person whose tenancy, lease or licence has expired or has been terminated by mutawalli or the Boar d;’; (ii) for clause (g), the following clause shall be substituted, namely:— ‘(g) “list of auqa f means the list of a uqaf published under sub- section (2) of section 5 or contained in t he register of a uqaf maintained under section 37;’; (iii) in clause (i), after the proviso, the following provisos shall be inserted, namely:— “Provided fu rther that the mutawalli shall be a citizen of India and shall fulfil such other qualifications as may be prescribed: Provided also that in case a waqf has specified any qualifications, such qualifications may be provided in the rules as may be made by the State Government;”; (iv) in cla use (k), in sub-clause (i), for the words “worship” and “khangah”, the words “offer prayer” and “khanqah, peerkhana and ka rbala” shall, respectively, be substituted; (v) for clause (r), the following clause shall be substituted, namely:— ‘(r) “waqf” means the permanent dedication by any per son, of any mova ble or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and inclu des— (i) a waqf by user but such waqf shall not cease to be a waqf by reason only of the user having ceased ir respective of the period of such cesser; (ii) a Shamlat Patti, Shamlat Deh, Jumla Malkkan or by any other na me entered in a revenue recor d; (iii) “grants”, including mashrat-ul-khidmat for any purpose recognised by the Muslim law as pious, religious or char itable; and (iv) a waqf-alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charita ble, provided when the line of succession fails, the income of the waqf shall be spent for education, development, welfare and such other purposes as recognised by Muslim law, and “waqif” means a ny person making such dedication;’. 6.In section 4 of the principal Act,— (a) in sub-s ection (1), for the wor ds “wakfs existing in the State at the date of the commencement of this Act ”, the words “a uqaf in the State” shall be substituted; (b) after sub-section (1), the following sub-s ection shall be inserted, namely:— Amendment of setion 3 Amencment of section 4. Ex-181/20142 “ (1 A) E ver y St a te Government sha ll ma int ain a lis t of au qa f r efer red to in sub-s ection (1) and the sur vey of auqaf shall be completed within a period of one year from the da te of commencement of the Wa kf (Amendment) Act, 2013, in case such survey was not done before the commencement of the Wakf (Amendment) Act, 2013: Provided that where no Sur vey Commissioner of Wa qf has been appointed, a Survey Commissioner for auqaf shall be appointed within three months from the da te of such commencement.”; (c) in sub-section (6),— (i) in the proviso, for the words “twenty year s”, the words “ten years” shall be substituted; (ii) after the proviso, the following proviso shall be inserted, namely:— “Provided further that the waqf properties already notified shall not be reviewed again in subsequent sur vey except where the status of such property has been changed in accor dance with the provisions of any law.”. 7.In section 5 of the principal Act,— (a) in sub-section (2), for the words “publish in the Official Gazette”, the words “ forward it back to the Government within a period of six months for publication in the Official Gazette” shall be substituted; (b) after sub-section (2), the following sub-sections shall be inserted, namely:— “(3) The revenue authorities shall— (i) include the list of auqaf referred to in sub-section (2), while upda ting the land r ecords; and (ii) take into consideration the list of auqaf referred to in sub-section (2), while deciding mutation in the la nd records. (4) The State Government shall maintain a record of the lists published under sub-section (2) from time to time.”. 8.In section 6 of the principa l Act, in sub-s ection (1),— (a) for the words “any person int erested therein”, the words “any person aggrieved” shall be substituted; (b) after the proviso, the following proviso shall be inserted, namely:— “Provided further tha t no suit shall be instituted before the Tribunal in respect of such properties notified in a second or subsequent sur vey pursuant to the pr ovisions conta ined in sub-section (6) of s ection 4.”; (c) the Explanation shall be omitted. 9.In section 7 of the principal Act,— (a) in sub-section (1),— (i) for the words “any question”, the words “any question or dispute” shall be substituted;Amendment of section 5. Amendment of section 6. Amendment of section 7. Ex-181/2014 3 (ii) for the words “or any person interested”, the words and figure “or any person aggrieved by the publication of the list of auqaf under section 5” shall be substituted; (b) after sub-section (5), the following sub-section shall be inserted, namely:— “(6) The Tr ibunal shall have the powers of assessment of damages by unauthorised occupation of waqf property and to penalise such unauthorised occupants for their illegal occupa tion of the waqf property and to recover the damages as arrears of land revenue through the Collector: Provided tha t whosoever, being a public s ervant, fails in his la wful duty to prevent or r emove an encr oachment, shall on conviction be punishable with fine which may extend to fifteen thousa nd rupees for each such offence.”. 10.For section 8 of the principal Act, the following section shall be substituted, namely:— “8. The tota l cost of ma king a sur vey including t he cost of publica tion of t he list or lists of auqaf under this Chapter shall be borne by the State Government.”. 11.In section 9 of the principal Act,— (a) for sub-section (1), the following sub-sections shall be substituted, namely:— “(1) The Central Government may, by not ification in t he Official Gazette, establish a Council to be called the Central Wa qf Council, for the purpose of a dvising the Central Government, the State Governments and the Boards on matters concerning the working of Boards and the due administration of auqaf. (1A) The Council referred to in sub-section (1) shall issue directives to the Boar ds, on such issues and in such manner, as provided under sub- sections (4) and (5).”; (b) in sub-section (2), in clause (b),— (i) for sub-clause (ii), the following sub-cla use shall be substituted, namely:— “(ii) four persons of national eminence, one each from the fields of administration or management, financial management, engineering or architecture and medicine;”; (ii) after sub-cla use (viii), the following proviso shall be inserted, namely:— “Provided that at least two of the members appointed under sub- clauses (i) to (viii) shall be women.”; (c) after sub-section (3), the following sub-sections shall be inserted, namely:— “(4) T he State Government or, as the ca se may be, the Boar d, shall furnish infor mation to the Council on the performance of Waqf Boards in the State, particularly on their financial performance, survey, maintenance of waqf deeds, revenue records, encroachment of waqf properties, annual Subtitution of new section for section 8. Amendment of section 9. State Government to bear cost of surve y. Ex-181/20144 reports and audit r eports in the manner a nd time as may be specified by the Council and it maysuo motucall for information on sp ecific issues from t he Boa r d, if it is s a tis fied t ha t t her e wa sprima facie evidence of irregularity or violation of the provisions of this Act and if the Council is satisfied that such irregularity or viola tion of the Act is esta blished, it ma y issue such directive, as considered a ppropriate, which sha ll be complied with by the concerned Board under intimation to the concerned State Government. (5) Any dispute ar ising out of a directive issued by the Council under sub-s ection (4) sha ll be r eferred to a Board of Adjudication to be cons tituted by the Centra l Government, to be presided over by a retired Judge of the Supreme Court or a retired Chief Justice of a High Court and the fees and travelling and other allowances payable to the Presiding Officer shall be such as may be specified by that Government.”. 12.In section 13 of the principal Act,— (a) after sub-section (1), the following proviso shall be inserted, namely:— “Provided that in case where a Board of Waqf has not been established, as required under this sub-section, a Board of Waqf shall, without prejudice to the p rovisions of t his Act or any other law for the time being in force, be establis hed within six months from the date of commencement of the Wakf (Amendment) Act, 2013.”; (b) after sub-section (2), the following sub-section shall be inserted, namely:— “(2 A) Where a Board of Waqf is establis hed under sub-section (2) of section 13, in the case of Shia waqf, the Members shall b elong to the Shia Muslim and in the ca se of S unni waqf, the Members shall belong to the Sunni Muslim.”. 13.In section 14 of the principal Act,— (1) in sub-section (1),— (i) for the words “the Union terr itor y of Delhi”, wherever they occur, the words “the National Capital Territory of Delhi” shall be substituted; (ii) in clause (b),— (a) for sub-clause (iii), the following sub-clause shall be substituted, namely:— “(iii) Muslim members of the Bar Council of t he concerned S tate or Union territory: Provided that in case there is no Muslim member of the Bar Council of a State or a Union territory, the State Government or the Union territory administration, as the case may be, may nominate any senior Muslim advocate from that State or the Union terr itory, a nd”; (b) after sub-clause (iv), the following Explanations shall be inserted, namely:—Amendment of section 13. Amendment of section 14. Ex-181/2014 5 “Explanation I.— F or the removal of doubts, it is hereby declared that the members fr om categories mentioned in sub-clauses (i) to (iv), shall be elected from the elector al college constituted for each category. Explanation II.—For the removal of doubts it is hereby declared that in case a Muslim member ceases to be a Member of Parliament from the State or Nationa l Capit al Territory of Delhi a s referr ed to in sub-clause (i) of cla us e (b) or ceases to be a Member of the State Legisla t ive Assembly a s r equ ir ed u nder su b -cla u s e (ii) of cla u s e (b ), s u ch member s ha ll b e deemed to have vacated the office of the member of the Boar d for the State or National Capital Territory of Delhi, as t he case may be, from the date from which such member ceased to be a Member of Parliament from the State or National Capital Territory of Delhi, or a Member of the State Legisla tive Assembly, as the case may be;”; (ii) for clauses (c) to ( e), the following clau ses sha ll be s ubstitu ted, namely:— “(c) one person from amongst Muslims, who has professional experience in town planning or business management, social work, finance or r evenue, agriculture and development a ctivities, to be nominated by the State Government; (d) one person each from a mongst M uslims, to be nominated by the State Government from recognised scholars in Shia and Sunni Islamic Theology; (e) one person from a mongst Muslims, to be nominated by the State Gover nment f rom amongst the officers of the State Government not below the ra nk of Joint Secretary to the State Government;”; (II) after sub-section (1), the following sub-section shall be inserted, namely:— “(1A) No Minister of the Central Government or, as the case may be, a State Government, shall be elected or nominated as a member of the Board: Provided tha t in ca se of a Union territor y, the Board shall consist of not less than five and not more than seven members to be a ppointed by the Central Government from categories specified under sub-cla uses (i) to (iv) of clause (b) or clauses (c) to (e) in sub-section (1): Provided fu rther that at least two Members appointed on the Board shall be women: Provided also that in every case where the system of mutawalli exists, there shall be one mutawalli as the member of the Boar d.”; (iii) Sub-section (5 ) shall be omitted. (iv) sub-section (7) shall be omitted. 14.In s ection 15 of the principal Act, the words, brackets and figures “from the date of notification referred to in sub-section (9) of section 14” shall be inserted at the end. 15.In section 16 of the principal Act, after clause (d), the following clause shall be inserted, namely:— “(da) he has been held gu ilty of encroachment on any waqf property;”. Amendment of section 15. Amendment of section 16. Ex-181/20146 16.After section 20 of the pr incipal Act, the following section shall be inserted, namely:— “20A, Without prejudice to the provisions of section 20, the Chairperson of a Board may be removed by vote of no confidence in the following manner, namely:— (a) no resolution expressing a vote of confidence or no confidence in a ny person elected as Chairperson of a Board shall be moved except in the manner prescribed and twelve months have not elapsed aft er the date of his election as a Chairperson and be removed except with the prior permission of the State Government; (b) notice for no confidence shall be addressed to the State Government stating clearly the grounds on which such motion is proposed to be moved and sha ll be signed by at least half the total members of the Boa rd; (c) at least three members of the Board signing the notice of no confidence sha ll personally pr esent to the Sta te Government, the notice together with an affidavit signed by them to the effect that the signatures on no confidence motion ar e genuine and have been made by the signatories after hearing or reading the contents of the notice; (d) on receipt of the notice of no confidence, a s provided hereinabove, the S tate Government shall fix such time, date a nd place as may be cons idered suitable for holding a meeting for the pur pose of the proposed no confidence motion: Provided tha t at least fift een days notice shall be given for such a meeting; (e) notice for meeting under clause (d) shall a lso provide tha t in the event of no confidence motion being duly carr ied on or, election of the new Chairperson, as the case may be, shall also be held in the same meeting; (f) the Sta te Government shall also nominate a Gazetted Officer (other than an officer of the department which is concerned with the supervision and administra tion of the Boa rd) to a ct as presiding officer of the meeting in which the r esolution for no confidence s hall be considered; (g) the quorum for such a meeting of the Board shall be one-half of the tota l number of members of the Board; (h) the resolution for no confidence sha ll be deemed to be car ried out, if passed by a simple majority of the members present; (i) if a resolution for no confidence is carried out, the Chairperson shall cease to hold office forthwith and shall be succeeded by his successor who shall be elect ed by another resolution in the sa me meeting; (j) election of the new Chairperson shall be conducted under clause (i), in the meeting under the chairmanship of the said presiding officer referred to in clause (f), in the following manner, namely:— (A) Chairperson shall be elected from amongst the elected members of the Board; Inser ti on of new section 20A Re moval of Chairperson by vote of no confidence.Ex-181/2014 7 (B) nomination of ca ndidates shall be proposed and seconded in the meeting itself and election a fter withdrawal, if any, shall be held by method of secret ballot; (C) election shall be held by simple majority of the members present in the meeting and in case of equa lity of votes, the matter shall be decided by drawing of lots; and (D) proceedings of the meeting shall be signed by the presiding officer; (k) new Cha irperson elected under clause (h) shall hold the office only up to the remainder of the term of the Chairperson removed by the resolution of no confidence; and (l) if the motion for passing the resolution of no confidence fails for want of quorum or lack of requisite major ity at the meeting, no subsequent meeting for considering the motion of no confidence shall be held within six months of the date of the previous meeting.”. 17.In section 23 of the principal Act , for sub-section (1), the following sub-section shall be substituted, namely:— “ (1 ) T her e s ha ll b e a fu ll-t ime C hief E x ecu t ive Off icer of t he Boa r d who shall be a Muslim and shall be appointed by the State Government, by notification in the Official Gazette, fr om a pa nel of t wo names suggested by the Boar d and who shall not be below the ra nk of D eputy S ecretar y to the State Government, and in case of non-availa bility of a Muslim officer of t hat rank, a Muslim officer of equivalent rank may be appointed on deputation. ”. 18.For section 27 of the principal Act, the following section shall be substituted, namely:— “27. The Board may, by a general or special order in writing, delegate to the Cha irperson, any other member, the Chief Executive Officer or a ny other officer or servant of the Board or a ny area commit tee, subject to such conditions and limitations as may be sp ecified in the said order, such of its powers and duties under this Act, as it may deem necessary, except the powers and funct ions of t he Board mentioned under clauses (c), (d), (g) and (j) of sub-section (2) of section 32 and section 110.”. 19.For section 28 of the principal Act, the following section shall be substituted, namely:— “28. Subject to the provisions of this Act and the rules made thereunder, the District Ma gistrate or in his absence an Additional District Magistrate or Sub-Divisional Magistrate of a District in the State shall be resp onsible for implementa tion of the decisions of the Board which ma y be conveyed through the Chief Executive Officer a nd the Boa rd may, wherever considers necessary, seek directions from the Tribunal for the implementation of its decisions.”. Amendment of section 23. Substitution of new section for section 27 Power of District Magistrate, Additio nal District Magistrate or Sub-Divisional Magistrate to implement the directions of the Board. Substitution of new section for section 28. De legati on of powers by Board. Ex-181/20148 20.Section 29 of the principal Act shall be numbered as sub- section (1) thereof, and— (a) in sub-section (1) as so numbered, for the words “subject to such conditions and restr ictions as may be prescribed and subject to the payment of such fees as may be leviable under a ny law for the time being in force”, the wor ds “subject to such conditions as may be prescribed” shall be substituted; (b) after sub-section (1) as so numbered, the following sub-sections shall be inserted, namely:— “(2) The mutawalli or any other person having the custody of any docu ment related to waqf properties shall produce the same, within the prescribed period, before the Chief Executive Officer on being called upon to do so in writ ing. (3) Subject to such conditions as may be prescr ibed, a n agency of the Government or a ny other organisation shall supply, within ten working days, copies of the records, registers of properties or other documents relating to waqf properties or claimed to be waqf properties, to the Chief Executive Officer on a wr itten r equest to this effect from him: Provided that before taking any course of action as mentioned in sub-sections (2) and (3), the Chief Executive Officer shall obtain appr oval of t he Boar d.”. 21.In s ection 31 of t he principal Act, the following shall be inserted at the end, namely:— “or a Member of Union terr itory Legislature or a Member of a State Legislature if so declared under a law made by the appropriate State Legislature”. 22.In section 32 of the principal Act,— (I) in sub-section (2),— (a ) for clause (j), the following clause, shall be su bstituted, namely:— “(j) to sanction lease of any immovable property of a waqf in accordance with the provisions of this Act and the rules made thereunder: Provided that no such sanction shall be given unless a majority of not less than two-thirds of the members of the Board present cast their vote in favour of such transact ion: Provided fur ther that where no such sanct ion is given by the Board, the reasons for doing so shall be recorded in writing.”; (b) after clause (n), the following clause shall be inserted, namely:— “(na ) to determine or cause to b e determined, in such manner as may be specified by the Board, ma rket rent of the waqf land or building;”; (II) in sub-section (4), for the words “offers a feasible potential for development as a shopping centre”, the words “has the potential for Amendment of section 29. Amendment of section 31. Amendment of section 32. Ex-181/2014 9 development as an educational institution, shopping centre, market, housing or r esidential fla ts and the like” sha ll be substituted; (III) in sub-section (5), the words “with the pr ior appr oval of the Government, ” shall be omit ted. 23.In section 33 of the principal Act, in sub-section (1),— (a) after t he words “the Chief Executive Offic er”, the wor ds “or any other person authorised by him in writing” shall be inserted; (b) the words “either himself or any other person authorised by him in writing in this behalf” shall be omitted. 24.In section 36 of the principal Act, in sub-section (2), in the proviso, for the words “made by the wakf”, the words “made by the waqf” shall be substituted. 25.Section 37 of the principal Act shall be numbered as sub- section (1) thereof, and after sub-section (1) as so numbered, the following sub-sections shall be inserted, namely:— “(2) The Board shall forward the details of the properties entered in the register of auqaf to the concerned land record office having jurisdiction of the waqf property. (3) On receipt of t he deta ils as mentioned in sub-section (2), the land record office shall, according to establis hed procedure, either make necessary entries in the land record or communica te, within a period of six months from the date of registration of waqf property under section 36, its objections to the Boa rd.”. 26.In section 44 of the principal Act,— (a) in sub-section (2), for the words “ninety days”, the words “thirty days” shall be substituted; (b) for sub-section (3), the following sub-section shall be substituted, namely:— “(3) In case the Boar d considers any item in the budget being cont rary to the objects of the waqf and t he provisions of this Act, it may give such direction for a ddition or deletion of such item as it may deem fit.”. 27.In section 46 of the principal Act, in sub-section (2), for the figure, letters and words “1st day of May”, at both the places where they occur, the figure, letters and words “1st day of July” shall be substituted. 28.In section 47 of the principal Act,— (1) in sub-section (1),— (i) in clause (a), for the words “ten thousand rupees”, the words “fifty thousand rupees” shall be substituted; (ii) in cla use (b), for the words “ten thousand rupees”, the words “fifty thousand rupees” shall be substituted;Amendment of section 33. Amendment of section 36. Amendment of section 37. Amendment of section 44. Amendment of section 46. Amendment of section 47. Ex-181/201410 (iii) in clause (c), after the words “the State Government may,”, the words “under intimation to the Board,” shall be inserted; (II) in sub-section (3), in the first pr oviso, for the words “ more than ten thousand r upees but less than fifteen t housand rupees”, the words “mor e than fifty thousand rupees” shall be substituted. 29.In section 51 of the principal Act,— (i) for sub-section (1), the following sub-sections shall be substituted, namely:— “(1 ) Notwithstanding anything contained in the waqf deed, any lease of any immova ble property which is waqf property, shall be void unless such lease is effected with the pr ior sanction of the Board: Provided that no mosque, dargah, khanqah, graveyard, or imambara shall be leased except any unused graveyards in the States of Punjab, Ha ryana a nd Himachal Pra desh where such graveyard ha s been leased out before the da te of commencement of the Wakf (Amendment) Act, 2013. (1A) Any sale, gift, exchange, mortgage or transfer of waqf property shall be voidab initio: Provided tha t in ca se the Board is satisfied tha t any waqf property ma y be developed for the purposes of the Act , it may, a ft er r ecor ding reasons in writing, take up the development of such property through such agency and in such manner as the Board may determine and move a resolution containing recommendation of development of such waqf property, which shall be passed by a majority of two-thir ds of the total membership of t he Boa rd: Provided fu rther that nothing contained in this sub-section shall affect any acquisition of waqf p roperties for a public purpose under the Land Acquisition Act, 1894 or any other law relating to acquisition of land if such acquisition is made in consultation with the Board: Provided also that— (a) the acquisition shall not be in contravention of the Places of Public Worship (Special Provisions) Act, 1991; (b) the purpose for which the land is being acquired shall be undisputedly for a public purpose; (c) no alternative land is availa ble which shall be considered as more or less suita ble for that p urpose; and (d) to safeguard adequately the interest and objective of the waqf, the compensa tion shall be at the prevailing market value or a s uitable land with reasonable solatium in lieu of the acquired property.”; (ii) sub-sections (2), (3), (4) and (5) shall be omitted. Amendment of section 51. 1 of 1894. 42 of 1951. Ex-181/2014 11 30.In section 52 of the principal Act, in sub-section (1), after the words a nd figures “provisions of section 51”, the words and figur es “or section 56” shall be inserted. 31.After section 52 of the pr incipal Act, the following section shall be inserted, namely;— “52A. (1) Whoever alienates or purchases or ta kes possession of, in a ny manner whatsoever, either permanently or tempor arily, any movable or immovable property being a waqf property, without pr ior sanction of the Boar d, shall be pu nishable with rigorous impr isonment for a term which may extend to two years: Provided that the waqf property so alienated shall without prejudice to the provisions of any law for the time being in force, be vested in the Boar d without any compensation therefor. (2) Notwithstanding anything contained in the Code of Criminal Pr ocedur e, 1973 any offence punishable under this section sha ll be cognizable and non-baila ble. (3) No court shall take cognizance of any offence under this section except on a complaint made by the Board or any officer duly authorised by the State Government in t his behalf. (4) No court inferior to tha t of a Metropolitan Magistrate or a Judicial Magistrate of the first class sha ll try a ny offence punishable under this section.”. 32.In section 54 of the principal Act,— (a) in sub-section (3), for the words “he may, by an order, require the encroacher to remove”, the words “he may, make an applica tion to the Tribunal for grant of order of eviction for removing” shall be substituted; (b ) for sub-section (4), the following s ub-sections shall be substituted, namely:— “(4) The Tribunal, upon receipt of such application from the Chief Executive Officer, for reasons t o be recorded therein, make an order of eviction directing that the waqf property shall be vaca ted by all persons who may be in occupation t hereof or any part thereof, a nd cause a cop y of the order to be affixed on the out er door or some other conspicuous par t of the waqf property: Provided that the Tribunal may before ma king an order of evict ion, give an opportunity of being heard to the person against whom the application for eviction has been made by the Chief Executive Officer. (5) If any person refuses or fails to comply with the order of eviction within forty-five days from the date of affixture of the order under sub- section (2), the Chief Executive Officer or any other person duly author ised by him in this behalf may evict t hat person from, and take pos session of, the waqf p roperty.”.Amendment of section 52. Inser ti on of new section 52A 2 of 1974. Amendment of section 54. Ex-181/201412 Penalty for alienation of wagf property without sanction of board. 33.In section 55 of the principal Act,— (a) for the word, brackets and figure “sub-section (3)”, the word, brackets and figure “sub-section (4)” shall be substituted; (b) for the words “apply to the Sub-Divisiona l Magistrate”, the words “refer the or der of the Tribunal to the Executive Magistrate” shall be substituted. 34.After section 55 of the pr incipal Act, the following section shall be inserted, namely;— “55A. (1) Where any person has been evicted from any waqf property under sub-section (4) of section 54, the Chief Executive Officer may, after giving fourteen days’ notice to the person from whom possession of the waqf property has been taken and after publishing the notice in at least one newspaper having circula tion in the locality and after proclaiming the contents of the notice by placing it on conspicuous part of the waqf property, r emove or cause to be removed or dispose of by public auction any property remaining on such premises. (2 ) Where a ny pr operty is sold under sub-s ection (1), the sa le proceeds shall, aft er deducting the expenses relating to remova l, sale and such other expenses, the a mount, if any, due to the Sta te Government or a local authority or a corporate authority on account of arrears of rent, damages or costs, be paid to such person, as may appear to the Chief Executive Officer t o be entitled t o the s ame: Provided that where the Chief Executive Officer is una ble to decide as to the person to whom the bala nce of t he amount is payable or as to the appointment of the same, he may r efer such dispute to t he Tribunal and the decision of the Tr ibunal thereon shall be fina l.”. 35.In section 56 of the principal Act,— (a) in sub-section (1),— (i) for the words “A lease or sub-lease for any period exceeding three years”, the words “ A lease for any period exceeding thirty years” shall be substituted; (ii) the following provisos shall be inserted at the end, namely:— “Provided that a lease for any period up to t hirty years ma y be ma de for commercial activities, education or health purposes, with the appr oval of the State Government, for such period and purposes as ma y be specified in the rules made by the Central Government: Provided further that lease of any immovable wa qf property, which is an agricultural land, for a period exceeding thr ee years sha ll, notwithstanding anything contained in the deed or instr ument of waqf or in any other la w for the time being in force, be void and of no effect: Amendment of section 55. Inser ti on of new section 55A. Disposal of property left on waqf property by unauthorised occupants. Amendment of section 56.Ex-181/2014 13 Provided also that before making lease of any waqf pr operty, the Boar d shall publis h the details of lease and invite bids in at least one lea ding national and regional news papers.”; (b) in sub-section (2), for the words “A lease or sub-lease for any period exceeding one year and not exceeding three years”, the words “A lease for a period of one year but not exceeding thirty years” shall be substituted; (c) in sub-section (3),— (i) the wor ds “or sub-lease”, at both the places where they occur, shall be omit ted; (ii) the following proviso shall be inserted at the end, namely:— “Provided that the Board shall immediately intimate the State Government regarding a lease for any per iod exceeding three years of any waqf proper ty and ther eafter it may become effective a fter the expir y of forty-five days from the date on which the Board intimates the State Government.”; (d) after sub-section (3), the following sub-section shall be inserted, namely:— “(4) Every rule ma de by the Centr al Government under this section 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 thir ty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in t he rule or both Houses agree that the rule should not be ma de, the rule shall thereafter ha ve effect only in such modified form or be of no effect, as t he case may be; so, however, that any such modification or annulment shall be without pr ejudice to the validity of anything pr eviously done under that rule.”. 36.In section 61 of the principal Act, in sub-section (1), for the words “ eight t housand rupees”, the words, brackets and letters “ten thousand rupees for non-compliance of clauses (a) to (d) and in case of non-compliance of clauses (e) to (h), he shall be punishable with impr isonment for a term which may extend to six months and also with fine which may extend to ten thousand rupees” shall be substituted. 37.In section 65 of the principal Act, after sub-section (4), the following sub-s ection shall be inserted, namely:— “(5 ) Notwithsta nding anything contained in sub-s ection (1), the Boar d shall take over the adminis tration of a waqf, if the waqf Board has evidence before it to prove that management of the waqf has contravened the provisions of this Act.”,Amendment of section 61. Amendment of section 65. Ex-181/201414 38.In section 68 of the principal Act,— (i) in sub-s ection (2), for the wor ds “Magistrate of the first class” and “Magistrate”, the words “District Magistrate, Additional District Ma gistr ate, Sub-D ivisiona l Magistra te or their equiva lent” shall be substituted; (ii) in sub-sections (3), (4), (5) and sub-section (6), for the words “the Magistrate” the words “any Magistra te” sha ll be substituted. 39.In section 69 of the principal Act , for sub-section (1), the following sub-section shall be substituted, namely:— “(1) Where the Boar d is sa tisfied after an enquiry, whether on its own motion or on the application of not less than five persons interested in any waqf, to frame a scheme for the proper administration of the waqf, it may, by an order, frame such scheme for the administr ation of the waqf, after giving reasonable opportunity and after consultation with the mutawalli or others in the pr escribed manner.”. 40.In section 71 of the principal Act, in sub-section (1), for the figures “73”, the figures “70” shall be substituted. 41.In section 72 of the principal Act, in sub-section (1), in Explanation I, in clause (iii),— (i) after the words “following purposes”, the words “in respect of lands directly under cultivation by the mutawalli for the benefit of the waqf shall be inserted; (ii) in sub-clause (f), in the proviso, for the words ‘ten per cent.”, the words “ twenty per cent.” sha ll be s ubstituted; (iii) after the proviso, the following proviso shall be inserted, namely:— “Provided further that no such deduction shall be permitted in resp ect of waqf land given on lease, by whatever name called, whether batai or share cr opping or any other name.”. 42.In section 77 of the principal Act, in sub-section (4), after clause (f), the following clause shall be inserted, namely:— “(g) payment of maintenance to Mu slim women as ordered by a cour t of competent jurisdiction under the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986.”. 43.In section 81 of t he principal Act, after the words “a s it thinks fit”, the following shall be inserted at the end, namely:— “and a copy of the said auditor ’s report, along with orders shall be forwarded by the State Government to the Council within a period of thirty days of laying of such report before each House of the State Legisla ture where it consists of two Houses or where such Legislatures consist of one Hous e, befor e tha t Hous e.”.Amendment of section 69. Amendment of section 71. Amendment of section 72. Amendment of section 77. Amendment of section 81.25 of 1986. Ex-181/2014 15 44.In section 83 of the principal Act.— (a) for sub-section (1), the following sub-section shall be substituted, namely:— “(1) The State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the determination of a ny dispute, question or other matter r elating to a waqf or waqf property, eviction of a tenant or determination of r ights and obliga tions of the lessor and the lessee of s uch property, under this Act a nd define the local limits and jurisdiction of such Tribunals;”; (b ) for sub-section (4), the following s ub-sections shall be substituted, namely:— “(4) Every Tribunal shall consist of— (a) one person, who shall be a member of the Sta te Judicial Service holding a r ank, not below that of a District Sessions or Civil Judge, Class I, who shall be the Chairman; (b) one person, who shall be an officer from the Sta te Civil Services equivalent in rank to that of the Additional District M agistra te, Member; (c) one person having knowledge of Muslim law and jurisprudence, M emb er ; and the appointment of every such person shall be made either by name or by designation. (4A) The terms and conditions of appointment including the salaries and allowances paya ble to the Chairman and other members other than persons appointed asex officio members shall be such as may be prescribed.”. 45.In section 85 of the principal Act, for the words “civil court”, the words “ ‘civil court, revenue court a nd any other a uthorit y” shall be substituted. 46.In section 86 of the principal Act, in clause (b), after the words “a pr evious mutawalli”, the words “or by any other person” shall be inserted. 47.Section 87 of the princip al Act shall be omitted. 48.In section 90 of the principal Act, in sub-section (3), for the words “one month”, the words “ six months” shall be substituted. 49.In section 91 of the principal Act, in sub-section (1), for the words “ it appears to the collector before an awar d is ma de that any property”, the words “and before an awar d is ma de, in case the property” shall be substituted. 50.In section 97 of the principal Act, the following proviso shall be inserted at the end, namely:— Amendment of section 83. Amendment of section 85. Amendment of section 86. Omission of section 87. Amendment of section 90. Amendment of section 91. Amendment of section 97. Ex-181/201416 “Provided that the State Government shall not issue any direction being contr ary to any waqf deed or any usage; practice or cu stom of the waqf”. 51.In section 99 of the principal Act,— (a) in sub-section (1), a fter the proviso, the following pr oviso shall be inserted, namely:— “Provided further that the power of the State Government under this section sha ll not be ex ercised unless ther e is aprima facie evidence of financial irregularity, misconduct or violation of the provisions of this Act.”; (b) in sub-s ection (3), for clause (a), the following cla use shall be substituted, namely:— “(a) extend the period of supersession by another six months with reasons to be recorded in writ ing and, the per iod of continuous supersession shall not exceed mor e than a year; or”. 52.In s ection 102 of the principal Act, in sub-section (2), for the words “ a ft er consulting t he State Gover nments”, the wor ds “a fter cons ulting the Council and the S tate Governments” sha ll be substituted. 53.After section 104 of the principal Act, the following section shall be inserted, namely:— “104A. (1) Notwithstanding anything contained in this Act or any other law for the time being in for ce or a ny waqf deed, no person shall s ell, gift, excha nge, mortgage or transfer a ny mova ble or immovable property which is a waqf property to any other person. (2) Any sale, gift, exchange, mortgage or transfer of property referred to in sub-section (1) sha ll be voidab initio.”. 54.After section 104 A of the pr incipa l Act, the following section sha ll be inserted, namely:— “104B. (1) If any waqf property has been occupied by the Government agencies it shall be returned to the Boar d or the mutawalli within a period of six months from the date of the order of the Tribunal. (2) The Government agency may, if the property is required for a public purpose, make an application for determina tion of the rent, or as the case may be, the compensa tion, by the Tribunal at the prevailing market value.”.Amendment of section 99. Amendment of section 102. Inser ti on of new section 104A. Prohibition of sale, gift, exchange, mortgage or transfer of waqf property. Inser ti on of new section 104B. Restoration of waqf properties in occupation of Government agencies to waqf Board. Ex-181/2014 17 55.In s ection 106 of the principal Act, in sub-section (1), for the words “after consultation with the Government”, the words “after cons ultation with the Council and the Government” sha ll be substituted. 56.After section 108 of the principal Act, the following section shall be inserted, namely:— “108A. T he pr ovisions of this Act shall ha ve overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.”. 57.In section 109 of the principal Act, in sub-section (2),— (a) for clause (i), the following clauses shall be substituted, namely:— “(i) the qualifications required to be fulfilled by a person to be appointed as a mutawalli under clause (i) of section 3; (ia) other particulars which the report of the Survey Commissioner may contain under clause (f) of sub-section (3) of section 4;”; (b) in clause (vi), for the word “under”, the words, brackets and figure “under sub-section (1) of” shall be substituted; (c) after clause (vi), the following clauses shall be inserted, namely:— “(via) the period within which the muta walli or any other person may produce documents related to waqf properties under sub-section (2) of section 31; (vib) the conditions under which an agency of the Government or any other organisa tion ma y supply copies of records, r egisters and other docu ments under sub-section (3) of section 31;”; (d) clause (xi) shall be omitted; (e) after clause (xxii), the following clause shall be inserted, namely:— “(xxiia) the terms and conditions of appointment including the sala ries and allowances p ayable to the Chairma n and other members other than persons appointed asex officio members under sub-section (4 A) of section 83;”. Amendment of section 106. Inser ti on of new section 108A. Act to have overriding effect. Amendment of section 109. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-500.Ex-181/201418

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, Monday 28.4.2014 Vaisakha 8, S.E. 1936, Issue No. 182 NOTIFICATIONNo.H.12017/55/2012-LJD, the 15th April, 2014.The following Central Act is hereby re-published for general information. The Parliament (Prevention of Disqualification) Amendment Act, 2013 (Act No. 28 of 2013) Zahming thang a Ralte, Deputy Secretary to the Govt. of Mizoram. THE PARLIAMENT (PREVENTION OF DISQUALIFICATION) AMENDMENT ACT, 2013 AN ACT further to amend the Parliament (Prevention of Disqualification) Act, 1959. Be it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows :- 1.(1) This Act may be called the Parliament (Prevention of Disqualifica- tion) Amendment Act, 2013. (2) It shall be deemed to have come into force on the 19th day of February, 2004. 2.In section 3 of the Parliament (Prevention of Disqualification) Act, 1959, in clause (ba), for sub-clause (ii), the following sub-clauses shall be substituted, namely:- “(ii) the National Commission for the Scheduled Castes constituted un- der clause (1) of article 338 of the Constitution; (iia) the National Commission for the Scheduled Tribes constituted un- der clause (1) of article 338A of the Constitution;”. 10 of 1959 Amendment of section 3.Short title and com- mencement Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-500.

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLIII Aizawl, Monday 28.4.2014 Vaisakha 8, S.E. 1936, Issue No. 183 NOTIFICATIONNo.H.12017/55/2012-LJD, the 15th April, 2014.The following Central Act is hereby re-published for general information. The Representation of the People (Amendment and Validation) Act, 2013 (Act No. 29 of 2013) Zahmingthanga Ralte, DeputySecretary to the Govt. of Mizoram, THE REPRESENTATION OF THE PEOPLE (AMENDMENT AND VALIDATION ACT, 2013 AN ACT further to amend the Representation of the People Act, 1951. Be it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows :- 1.(1) This Act may be called the Representation of the People (Amendment and Validation) Act, 2013. (2) It sh all be deemed to h ave com e in to for ce on th e 10th day of July, 2013. 2.In the Representation of the People Act, 1951 (hereinafter referred to as the prin- cipal Act), in section 7, in clause (b), after the words “or Legislative Council of a State”, the words “under the provisions of this Chapter, and on no other ground” shall be inserted. 3.In section 62 of the principal Act, after the proviso to sub-section (5), the follow- ing proviso shall be inserted, namely:- “Provided further that by reason of the prohibition to vote under this sub-sec- tion, a person whose name has been entered in the electoral roll shall not cease to be an elector.”. 4.Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, the provisions of the Representation of the People Act, 1951, as amended by this Act, shall have and shall be deemed always to have effect for all purposes as if the provisions of this Act had been in force at all material times. 43 of 1951. Amendment of section 7.Short title and com- mencement Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-500.Amendment of section 62. Validation 43 of 1951

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, Monday 28.4.2014 Vaisakha 8, S.E. 1936, Issue No. 185 NOTIFICATIONNo.B.12012/19/2014-P&AR(CSW), the 23rd April, 2014.In pursuance of the Hon’ble Supreme Court’s Judgment dt.31.10.2013 in WP(Civil) No.82/2011 (Sh.T.S.R. Subramanium & Ors vs Union of India & Ors) and in exercise of the powers conferred by the Indian Police Service (Cadre) Amendment Rules, 2014, the Governor of Mizoram is pleased to constitute Civil Services Board (CSB) for IPS the state of Mizoram consisting of the following members : 1.Chief Secretary-Chairman 2.Financial Commissioner-Member 3.Commissioner/Secretary, DP&AR-Member Secreta ry 4.Principal Secretary/Secretary, Home-Member 5.Director General of Police-Member Functions :- ( a ) The Civil Services Board shall make recommendation for all appointments of cadre officers. (b) The Civil Services Board shall examine the cases of officers who are proposed to be trans- ferred before completion of minimum period of service as specified under sub-rule (3) and (4) of rule 7 of the Indian Police Service (Cadre) Rules, 1954. (c ) The Civil Services Board may consider for transfer before the tenure fixed under sub-rules (3) and (4) of rule 7 of the Indian Police Service (Cadre) Rules, 1954 based on such circum- stances as it thinks fit. (d) The Civil Services Board may recommend the Competent Authority the names of officers for transfer before completion of minimum tenure with reasons to be recorded in writing. L. Tochhong, Chief Secretary to the Government. of Mizoram. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-500.

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLIII Aizawl, Wednesday 30.4.2014 Vaisakha 10, S.E. 1936, Issue No. 186 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi - 110001 Dated : 15th April, 2014 25 Chaitra, 1936 (Saka) NOTIFICATIONNo. 434/MIZ-HP/2014(1):- In exercise of the power conferr ed by Sub-Section (1) of Section 22 of the Representation of the People Act, 1951 (43 of 1951), and in addition of its Notification No. 434/ MIZ-HP/2014 (1) dated 14th March, 2014, the Election Commission of India hereby designate, in consultation with the State Government of Mizoram, following officers as Assistant Returning Officers to assist the Retu rning Officer of Mizor am (ST) Parliamentary Constituency for counting - TABLE Number and Na me ofAssistant Returning Officer Parliamentary Constit uency 12 1-Mizoram (ST)1.Deputy Secretary, R.D. Deptt. 2.Secretary, Aizawl Municipal Council 3.District Civil Supply Officer (E. FCS & CA Deptt.) 4.Sett lement Officer, Dist. R evenue, LR&S Deptt. 5.Under Secretary, General Administr ation Deptt. The Officers in column (2) of the above table shall cease to function as Assistant Returning Officers immediately after the completion of the process of counting of votes in the General Election to the Lok Sabha, 2014. By Or der, (NARENDRA N. BUTOLIA) S EC RE TARY ELECTION COMMISSION OF INDIAPublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLIII Aizawl, Wednesday 30.4.2014 Vaisakha 10, S.E. 1936, Issue No. 187 NOTIFICATIONNo. H. 12017/55/2012-LJD, the 24th April 2014.The following Centra l Act is hereby re-published for general information. The Securities Laws (Amendment) Ordinance, 2014 (Ordinance No. 2 of 2014) Zahmingthanga Ralte, Depu ty Secr etary to the Govt. of Mizoram. THE SECURITIES LAWS (AMENDMENT) ORDINANCE, 2014 No. 2 of 2014 Promulgated by the President in the Sixty-fifth Year of the Republic of India. An Ordinance further to amend the S ecurities and E xchange Board of India Act, 1992, the Securities Contracts (Regulation) Act, 1956 and the Depositories Act, 1996. WHERE AS the Securit ies Laws (Amendment) Ordina nce, 201 3 further to a mend the Securities and Exchange Board of India Act, 1992, the Secur ities Contracts (Regulation) Act, 1956 and the Depos itories Act, 1996 was promulgated by the P resident on the 18th day of July, 2013; AND WHEREAS the Securities Laws (Amendment) Bill, 2013 with certain modifications was int roduced on the 12th day of August, 2013 in the House of the Peop le to r epla ce t he said Ordina nce; AND WHE REAS the said Bill was referred by the Speaker of the House of the People to the Department-related Pa rliamentary Sta nding Committee on Fina nce; - 2 - Ex-187/2014 AND WHEREAS the Bill could not be passed by the House of the People; AND WHEREAS to give continued effect to the pr ovisions of the Securities Laws (Amendment) Ordinance, 2013, the Securities Laws (Amendment) Second Ordinance, 2013 was promulgated by the President on the 16th day of September, 2013; AND WHEREAS the sa id Ordinance, 2013 ceased to operate on the 16th day of January, 2014; AND WHEREAS Parliament is not in session and the President is sa tisfied that circumstances exist which render it necessary for him to take immediate action to validate the actions taken under the said Ordinance so cea sed to operate and to take fur ther action to provide for the aforesa id matters; NOW, THEREF ORE, in exercise of t he powers conferred by cla u se(I) of ar ticle 123 of the Constitution, the President is pleased to promulgate the following Ordinance:- CHAPTER I PRELIMINARY 1. (1) This Ordinance may be called the Securities Laws (Amendment) Ordinance, 2014. (2) Save as otherwise provided, the provisions of this Ordina nce, except clause (ii) of section 5, section 6, section 15, section 18 and section 23, shall be deemed to have come into for ce on the 18th day of July, 2013. (3) The provisions of cla use (ii) of section 5, section 6, section 15, section 18 and section 23 of this Ordinance shall come into for ce at once. 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 (hereafter in this Cha pter referred t o as the principal Act),- (i) in sub-section (2),— (a) for cla use (ia ), the following clause shall be substituted, namely:- “(ia ) calling for information and records from a ny person including any bank or any other authority or board or corporation esta blished or cons tituted by or under any Centr al or State Act which, in the opinion of the Board, shall be relevant to any investigation or inquiry by the Boar d in respect of any transaction in securities;”; (b) after clause (ia), the following clause shall be inserted and shall be deemed to have been insert ed with effect from the 6th day of March, 1998, namely:- “(ib) calling for information from, or fu rnishing information to, other authorities, whether in India or outside India, having functions simila r to those of the Board, in the matters relating to the prevention 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 authority outside India, may enter into an arrangement or agreement or understanding with such authority with the prior appr oval of the Central Government;”; Short title and commencement. Amendment of sectio n 11.15 of 1992. (ii) after sub-section (4), the following sub-section shall be inserted, namely:- “(5) The amount disgorged, pursuant to a direction issued, under section 11B or section 12A of the Securities Contracts (Regulation) Act, 1956 or section 19 of the Depositories Act, 1996, as the case may be, shall be credited to the Investor Protection a nd Education F und est ablished by the Board a nd such amount shall be utilised by the Board in accordance with the regulations made under this Ordinance.”. 3. In section 11AA 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 a rrangement, which is not registered with the Boar d or is not covered under sub-section (3), involving a cor pus amount of one hundred crore rupees or more shall be deemed to be a collective investment scheme. ”; (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 ma de or offered by any person satisfying the conditions as may be specified in accordance with the regulations made under this Ordinance.”; (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 inserted; (b) after clause (viii), the following clause shall be inserted, namely:- “(ix) such other s cheme or arra ngement which the Central Government may, in consultation with the Board, notify,”. 4. In section 11B of the principal Act, the followingExplanation shall be inserted, namely:- “Explanation. —For the removal of doubts, it is hereby declar ed that the power to issue dir ections under this section shall include and always be deemed to have been included the power to direct any p erson, who made profit or averted loss by indulging in any transaction or activity in contravention of the provisions of this Act or regula tions ma de thereunder, to dis gorge a n amount equiva lent to the wrongful ga in made or loss averted by such contr avention.”. 5. In section 11C of the principal Act,— (i) for sub-section (8), the following sub-section shall be substituted, namely:- ‘(8 ) Where in the cour se of a n investiga tion, the Investiga ting Author it y has reason to believe that any person or enterprise, as the case may be, to whom a notice under sub-s ection (3) has been issued or might be issued,— (a) has omitted or failed to provide the information or produce docu ments as required in the notice; or (b) may not provide the information or produce documents which shall be useful for, or r elevant to, the investigation; or- 3 -Ex-187/2014 Amendment of section 11AA. 42 of 1956. 22 of 1996. Amendment of section 11B. Amendment of section 11C. (c) may destroy, mutilate, alter, falsify or secrete the information or docu ments u seful for, or relevant to, the investigation, then, the Chairman may, a fter being satisfied that it is necessary so to do, after recor ding the reasons thereof in writing, authorise the Investigating Authority or any other officer of the Boar d (the officer so authorised being hereinafter referred to as the author ised officer), to— (i) enter and search, with such assistance, as may be required, t he building, place, vessel, vehicle or aircraft where such information or documents are expected or b elieved to be kept; (ii) break open the lock of any door, box, locker, safe almirah or other receptacle for exercising the powers conferr ed by sub-clause (i), where the keys thereof are not availa ble; (iii) search any person who has got out of, or is about to get into, or is in, the building, place, vessel, vehicle or air craft, if the authorised officer ha s reason to suspect tha t such person has secr eted about his person any such books of account or other documents; (iv) requir e 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 facilit y to inspect such books of account or other documents.Explanation.- For the purposes of this sub-clause, the expression “electronic record” shall have the meaning assigned to it in clause (t ) of sub-section (1) of section 2 of the Information Technology Act, 2000; (v) seize a ny 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 ma de extr acts or copies therefrom; (vii) r ecord 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-cla uses (i), (iii) and (iv).’; (ii) after sub-section (8), the following sub-section shall be inserted, namely:— “(8A) T he authorised officer may requisition t he services of any police officer or any officer of the Central Government, or of both, to assist him for all or any of the purposes specified in sub-section (8) and it shall be the duty of every such officer to comply with such requisition.”; (iii) for sub-section (9), the following sub-section shall be substituted, namely :- “(9) The Board may make regulations in r elation to any search or seizure under this section; and in particular, without prejudice to the genera lity of the foregoing power, such regulations may provide for the procedure to be followed by the author ised Officer- (a) for obtaining ingress into a ny building, place, vessel, vehicle or aircraft to be sear ched where free ingress thereto is not availa ble; (b) for ensuring safe custody of any books of account or other documents or assets seized.”; (iv) in sub-section (10), the words “and infor m the Magistra te of such return” shall be omit ted.- 4 - Ex-187/2014 21 of 2000. 6.In section 15-1 of the principal Act, after sub-section (2), the following sub- section sha ll be inserted, namely:— “(3) The Boa rd may call for and exa mine the record of any proceedings under this section and if it considers that the order passed by the adjudica ting officer is erroneous to the extent it is not in the interests of the securit ies mar ket, it may, aft er making or causing to be made such inquiry as it deems necessary, pass an order enhancing the quantum of p enalty, if the circumstances of the case so justify: Provided that no such order shall be pa ssed unless the person concerned has been given an opportunity of being heard in the matter: Provided further that nothing contained in this sub-section shall be applicable after an expiry of a period of three months from the date of the order passed by the adjudica ting officer or disposal of t he appeal under section 15T, whichever is ea rlier. ”. 7.After section 15JA of the principal Act, the following section 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 proceedings have been initiated or may be initiated under section 11, section 11B, section 11D, sub-section (3 ) of section 12 or section 15-I, may file an application in writing to the Board proposing for settlement of t he proceedings initia ted or to be initiated for the alleged defaults. (2) T he Boa rd may, after taking into cons ideration the nature, gravity and impa ct of defaults, agree to the proposa l for settlement, on payment of such sum by the defaulter or on such other terms as may be determined by the Boar d in accordance with the regulations made under this Ordina nce. (3) The settlement pr oceedings under this section shall be conducted in accorda nce with the procedure specified in the regulations made under this Or dina nce. (4) No appeal shall lie under section 15T against any order pa ssed by the Boar d or adjudicating officer, a s the ca se may be, under this section.”. 8.In section 15T of the principal Act, sub-section (2) shall be omitted. 9.In section 26 of the principal Act, sub-section (2) shall be omitted. 10.After section 26 of the princip al Act, the following sections shall be inser ted, namely:- “26A. (1) The Central Government may, for the purpose of providing speedy tria l of offences under this Act, by notification, esta blish 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 Justice of the High Cour t within whose jurisdiction the judge to be appointed is working. (3) A person shall not be qualified for a ppointment as a judge of a Special Cour t unless he is, immediately before such appointment, holding the office of a Sess ions Judge or a n Additional Sessions Judge, as the case may be. 26B. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences u nder this Act committed prior to the date of commencement of the Secur ities La ws (Amendment) Ordinance, 2014 or on or after the date of- 5 -Ex-187/2014 Amendment of section 15-I Insertion of new section 15 JB. Settlement of administrative and civil proceedings. Amendment of section 15T. Amendment of section 26. Insertion of new sections 26A, 26B, 26C, 26D and 26E. Establishment of Special Courts. 2 of 1974.Offences triable by Special Courts. such commencement, shall be taken cognizance of and tried by the Special Court esta blished for the area in which the offence is committed or where there are more Specia l Courts than one for such ar ea, by such one of them as ma y be specified in this behalf by the High Cour t concerned. 26C. The High Court may exercise, so far as may be applicable, all the powers 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 loca l limits of the jurisdiction of the High Court. 26D. (1) Save as ot herwise provided in this Act, the provisions of the Code of C riminal Procedure, 1973 shall apply t o the proceedings before a Special C ourt and for the purposes of the said provisions, the Specia l Court shall be deemed to be a Court of Session and the person conducting prosecution before a Special Cour t shall be deemed to be a Public Prosecutor 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 pract ice as an Advocate for not less than seven year s or should have held a post, for a period of not less than seven years, under the Union or a State, requiring special knowledge of law. 26E. Any offence committed under this Act which is tr iable b y a Special Cour t shall, until a Specia l Court is esta blished, be ta ken cognizance of and tried by a Court of Session exercising jurisdiction over the area, notwithstanding anything cont ained in the Code of Criminal Procedure, 1973: Provided that nothing cont ained in this section shall a ffect the powers of the High Court under section 407 of the Code of C riminal Procedure, 1973 to transfer any case or class of cases taken cognizance by a Cour t of Session under this section.”. 11. After section 28 of the principal Act, the following section shall be inser ted, namely:- ‘28A. (1) If a person fails to pa y the penalty imposed by the a djudica ting officer or fails to comply with any direction of the Boa rd for refund of monies or fails to comply wit h a dir ection of disgorgement order issued under section 11B or fails to pa y any fees due to the Board, the Recovery Officer may dr aw up under his signature a statement in the specified for m specifying the amount due from the person (such statement being hereafter in this Cha pter referred to a s 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 property; (d) arrest of the person and his detention in prison; (e) appoint ing a r eceiver for the management of the person’s movable a nd immovable properties, and for this purpose, the provisions of sections 221 to 227, 228A, 229, 232, the Second and Third Schedules to the Income-tax 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 thereunder were the provisions of this Act and referred to the amount due under this Ordina nce instead of to income-tax under the Income-ta x Act, 1961.- 6 - Ex-187/2014 2 of 1974. 2 of 1974. Appeal and revis ion. Application of Code to proceedings before Special Cou rt. Transitional provisions. Insertion of new section 28A. Recovery of amounts. 43 of 1961.2 of 1974. 2 of 1974. Explanation 1.- For the purposes 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 t ransfer red dir ectly or indirectly on or after the date when the amount specified in certificate 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 consider ation, and which is held by, or stands in the name of, any of the persons aforesa id; and so far as the movable or immovable property or monies held in bank accounts so transferr ed to his minor child or his son’s minor child is concerned, it shall, even after t he date of attainment of majority by such minor child or son’s minor child, as the case may be, continue to be included in the person’s movable or immova ble property or monies held in bank a ccounts for recovering any amount due from the per son under this Ordina nce. Explanation 2-Any reference under the provisions of the Second and T hird Schedules to the Income-tax Act, 1961 and the Income-tax (Certificate Proc eedings ) Rules, 1962 t o the a ssessee sha ll b e const rued as a refer ence to the pers on specified in the c ertific ate. Explanation 3.- Any reference to appeal in Chapter XVIID and the Second Schedule to the Income-tax Act, 1961, sha ll be construed as a reference to appeal before 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 administration while exercising the powers under sub-section (1). (3) Notwithstanding anything cont ained in any other law for the time being in force, the recovery of amounts by a Recover y Officer under sub-s ection (1), pursuant to non-compliance with any direction issued by the Board under section 11B, shall have precedence over any other claim against such person. (4) For the purposes of sub-sections (1), (2) and (3), the expression “Recovery Officer” means a ny officer of t he Board who ma y be authorised, by general or special order in writing, to exercise the powers of a Recover y Officer.’. 12. In section 30 of the principal Act, in sub-section (2),- (i) after clause (c), the following cla uses shall be inserted, namely:- “(ca) the utilisa tion of the amount credited under sub-section (5) of section 11; (cb) the fulfilment of other conditions relating to collective investment scheme under sub-section (2 A) of section 11AA; (cc) the pr ocedure to be followed by the author ised officer for search or seizure under sub-section (9) of section 11C;”; (ii) after clause (d), the following cla uses shall be inserted, namely:- “(da ) t he terms determined b y the Boar d for settlement of proceedings under sub-s ection (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 r espect of which provision is to be made by regulations.”. 13. After section 34 of the principal Act, the following section shall be inserted, namely:- “34A. Any act or thing done or purporting to have been done under the principal Act, in r espect of calling for information from, or fur nishing informa tion to, other a uthorities, whether in India or outside India, ha ving functions simila r to those of the Board and in respect of settlement of administrative and civil proceedings, shall, for all purposes, be deemed to be va lid and effective as if the amendments made to the principal Act had been in force at all material times.”.- 7 -Ex-187/2014 43 of 1961. 43 of 1961. Amendment of section 30. Insertion of new section 34A. Validation of certain acts. CHAPTER III AMENDMENTS TO THE SECURITIES CONTRACTS (REGULATION) ACT, 1956 14. In section 12A of the Securit ies Contracts (Regula tion) Act, 1956 (hereafter in t his Chapter referred to as ‘the principal Act), the followingExplanation shall be inserted, namely:— “Explanation.- For the removal of doubts, it is hereby declared that power to issue directions under this section shall include and always be deemed to have been included the power to direct any per son, 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, to dis gorge a n amount equivalent to the wrongful gain ma de or loss averted by such cont ravention.”. 15. In section 23-I of the principal Act, after sub-section (2), the following sub- section sha ll be inserted, namely:— “(3) The Boa rd may call for and exa mine the record of any proceedings under this section and if it considers that the order passed by the adjudica ting officer is erroneous to the extent it is not in the interests of the securit ies mar ket, it may, aft er making or causing to be made such inquiry as it deems necessary, pass an order enhancing the quantum of p enalty, if the circumstances of the case so justify: Provided that no such order shall be pa ssed unless the person concerned has been given an opportunity of being heard in the matter: Provided further that nothing contained in this sub-section shall be applicable after an expiry of a period of three months from the date of the order passed by the adjudica ting officer or disposal of the appeal under section 23L, whichever is ea rlier. ”. 16. After section 2 3J of the principal Act , the following section shall be inserted and shall be deemed to have been inserted with effect from the 20th day of April, 2007, namely:- “23 JA. (1) Notwithstanding anything contained in any other law for the time being in force, any person, against whom any proceedings have been initiated or may be initiated under section 12A or section 23-I, may file an application in writ ing to the Boar d proposing for settlement of the proceedings initia ted or to be initiated for the alleged defaults. (2) T he Boa rd may, after taking into cons ideration the nature, gravity and impa ct of defaults, agree to the proposa l for settlement, on payment of such sum by the defaulter or on such other terms as may be determined by the Boar d in accordance with the regulations ma de under the Securities and Exchange Board of India Act, 1992. (3) For the purpose of settlement under this section, the procedure as specified by the Board under the Securities and Exchange Board of India Act, 1992 shall apply. (4) No appeal shall lie under section 23 L against any order pa ssed by the Boar d or the adjudicating officer, as the case ma y be, under this section.”. 17. After section 23 J A of the principal Act as so inserted, the following section shall be inserted, namely:- ‘23 JB. (1) If a person fails to pay the penalty imposed by the adjudica ting- 8 - Ex-187/2014 Amendment of sectio n 12A. Amendment of section 23-I.42 of 1956. Insertion of new section 23JA. Settlement of administrative and civil proceedings. 15 of 1992. 15 of 1992. 15 of 1992. Insertion of new section 23JB. officer or fails to comply with a direction of disgor gement order issued under 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 a s certificate) and shall pr oceed 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 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-tax 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 necessa ry modifications as if the said provisions a nd the r ules thereunder were the provisions of this Act and referred to the amount due under this Ordina nce 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 held in bank accounts shall include any property or monies held in bank accounts which has been t ransferr ed, dir ectly or indirectly on or after the date when the amount specified in certificate 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 consider ation, and which is held by, or stands in the name of, any of the persons aforesa id; and so far as the movable or immovable property or monies held in bank accounts so transferr ed to his minor child or his son’s minor child is concerned, it shall, even after t he date of attainment of majority by such minor child or son’s minor child, as the case may be, continue to be included in the person’s movable or immova ble property or monies held in bank a ccounts for recovering any amount due from the per son under this Ordina nce. Explanation 2.- Any reference under the provisions of the Second and T hird Schedules to the Income-tax Act, 1961 and the Income-tax (Certificate Proc eedings ) Rules, 1962 t o the a ssessee sha ll b e const rued as a refer ence to the pers on specified in the c ertific ate. Explanation 3.—Any reference to appeal in Chapter XVIID and the Second Schedule to the Income-tax Act, 1961, sha ll be construed as a reference to appeal before the Securities Appellate Tribunal under section 23L of this Act. (2) The recovery officer shall be empower ed to seek the assistance of the loca l distr ict administration while exer cising the powers under sub-s ection (1). (3) Notwithstanding anything cont ained in any other law for the time being in force, the recovery of amounts by a Recover y Officer under sub-s ection (1), pursuant to non-compliance with any direction issued by the Board under section 12A, shall have precedence over any other claim a gainst such person. (4) For the purposes of sub-sections (1), (2) and (3), the expression “Recovery Officer” means a ny officer of t he Board who ma y be authorised, by general or special order in writing to exercise the powers of a Recover y Officer.’. 18. In section 23L of the principal Act , in sub-section (l),a fter the word, figure and letter “section 4B”, the words, br ackets, figures and letter “or sub-section (3 ) of section 23-I” shall be inserted.- 9 -Ex-187/2014 43 of 1961. 43 of 1961. Amendment of section 23L. 43 of 1961.Recovery of amounts. 19. In section 26 of the principa l Act, sub-section (2) shall be omit ted. 20. After section 26 of the principal Act, the following sections shall be inserted, namely:- “26A. (1) T he Central Government may, for the purpose of providing s peedy trial of offences under this Act, by notification, esta blish 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 Justice of the High Cour t within whose jurisdiction the judge to be appointed is working. (3) A person shall not be qualified for a ppointment as a judge of a Special Cour t unless he is, immediately before such appointment, holding the office of a Sess ions Judge or a n Additional Sessions Judge, as the case may be. 26B. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences under this Act committed prior to the date of commencement of the Securities Laws (Amendment) Ordinance , 2014 or on or after the date of such commencement, shall be taken cognizance of and t ried by the Special Court esta blished for the area in which t he offence is committed or where there are more Specia l Courts than one for such ar ea, by such one of them as ma y be specified in this behalf by the High Cour t concerned. 26C. The High Court may exercise, so far as may be applicable, all the powers 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 C ourt of Session trying cases within the loca l limits of the jurisdiction of the High Court. 26D. (1) Save as ot herwise provided in this Act, the provisions of the Code of Cr iminal P rocedure, 1973 shall apply to the proceedings before a S pecial C ourt and for the purposes of the said provisions, the Specia l Court shall be deemed to be a Court of Session and t he person conducting prosecution before a Special Court shall be deemed to be a Public Prosecutor 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 Advoca te for not less than seven yea rs or should have held a post, for a period of not less than seven years, under the Union or a State, requiring special knowledge of law. 26E. Any offence committed under this Act, which is tr iable b y a Special Cour t shall, until a Specia l Court is esta blished, be ta ken cognizance of and tried by a Court of Session exercising jurisdiction over the area, notwithstanding anything cont ained in the Code of Criminal Procedure, 1973: Provided that nothing cont ained in this section shall a ffect the powers of the High Court under section 407 of the Code to tr ansfer a ny case or class of cases taken cogniza nce by a Court of Session under this section.”. 21. After section 31 of the principal Act, the following section shall be inserted, namely:- “32. Any act or thing done or purpor ting to have been done under the principal Act, in respect of sett lement of administrative and civil proceedings, shall, for all purposes, be deemed to be valid a nd effective a s if the amendments made to the principal Act had been in force at all material times.”.2 of 1974. - 10 - Ex-187/2014 Amendment of sectio n 26. Insertion of new sections 26A, 26B, 26C , 26D and 26E. Establishment of Special Courts. Offences triable by Special Courts. Appeal and Rev isio n. Application of Code to proceedings before Special Cou rt.2 of 1974. 2 of 1974. 2 of 1974. Transitional provisions. Insertion of new sectio n 32. Validation of certain acts. CHAPTER IV AMENDMENTS TO THE DEPOSITORIES ACT, 1996 22.1n section 19 of the Depositories Act, 1996 (hereafter in this chapter referred to as the principa l Act), the following Explana tion shall be inserted, namely:-“ Explanation- For the removal of doubts, it is hereby declared 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 tr ansaction or activity in contr avention of the provisions of this Act or regulations made thereunder, to disgorge a n amount equivalent to t he wrongful ga in made or loss averted by such contr avention.”. 23. In section 19H of the principal Act, after sub-section (2), the following sub- section sha ll be inserted, namely:— “(3) The Boa rd may call for and exa mine the record of any proceedings under this section and if it cons iders t hat the order passed by the adjudica ting officer is erroneous to the extent it is not in the interests of the securit ies mar ket, it may, aft er making or causing to be made such inquiry as it deems necessary, pass an order enhancing the quantum of penalty, if the circumstances of the case so justify: Provided that no such order shall be passed unless the person concured has been given an opportunity of being heard in the matter : Provided further that nothing contained in this sub-section shall be applicable after an expiry of a period of three months from the date of t he order passed by the adjudica ting officer or disposal of t he appeal under section 23A, whichever is ea rlier. ”. 24. After section 19-1 of the principal Act, the following section shall be inserted and shall be deemed to have been inserted with effect from the 20th day of April, 2007, namely:- “19-IA. (1) Notwithstanding anything contained in any other law for the time being in force, any person, against whom any proceedings have been initiated or may be initiated under section 19 or section 19H, as the ca se may be, may file an application in writing to the Board pr oposing for settlement of the proceedings initiated or to be initiated for the alleged defaults. (2) T he Boa rd may, after taking into cons ideration the nature, gravity and impa ct of defaults, agree to the proposa l for settlement, on payment of such sum by the defaulter or on such other terms as may be determined by the Boar d in accordance with the regulations ma de under the Securities and Exchange Board of India Act, 1992. (3) For the purpose of settlement under this section, the procedure as specified by the Board under the Securities and Exchange Board of India Act, 1992 shall apply. (4) No appeal shall lie under section 23A against any order passed by the Boar d or the adjudicating officer under this section.”. 25.After section 19-IA of the principal Act as so inserted, the following shall be inserted, namely:-- 11 -Ex-187/2014 Amendment of section 19. Amendment of section 19H. 22 of 1996. Insertion of new section 19-IA. Settlement of Adminis trative and Civil Proceedings. 15 of 1992. 15 of 1992. Insertion of new section 19-IB. ‘19-IB. (1) If a person fails to p ay the penalty imposed by the adjudica ting officer or fails to comply with a direction of disgor gement order issued under section 19 or fails to pa y any fees due to the Board, the Recovery Officer may dr aw up under his signature a statement in the specified for m 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 t he certificate by one or mor e of the following modes, na mely: - (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 property; (d) arrest of the person and his detention in prison; (e) appoint ing a r eceiver for the management of the person’s movable and immova ble proper ties, and for this purpose, the provisions of sections 221 to 227, 228A, 229, 232, the Second and Third Schedules to the Income-tax Act, 1961 and the Income-tax (Certificate Proceedings) Rules, 1962, as in for ce from time to time, in so fa r as may be, apply with necessa ry modifications as if the said provisions a nd the r ules thereunder were the provisions of this Act and referred to the amount due under this Ordina nce 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 held in bank accounts shall include any property or monies held in bank accounts which has been transferr ed, dir ectly or indirectly on or after the date when the amount specified in certificate 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 consider ation, and which is held by, or stands in t he name of, any of the persons aforesa id; and so far as the movable or immovable property or monies held in bank accounts so transferr ed 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 included in the person’s movable or immova ble property or monies held in bank a ccounts for recovering any amount due from the per son under this Ordina nce. Explanation 2. - Any reference under the provisions of t he Second and Third S chedules to the Income-t ax Act, 1961 and the Income-tax (Certificate Proc eedings) Rules, 1962 to the ass essee sha ll be construed as a referenc e to the person s pecified in the certific ate. Expla nation 3.- Any reference to appeal in C hapter XVIID and the Second Schedule to the Income-tax Act, 1961, sha ll be construed as a reference to appeal before the Securities Appellate Tribunal under section 23A of this Act. (2) The recovery officer shall be empowered to seek the assistance of the loca l distr ict administration while exer cising the powers under sub-s ection (1). (3) Notwithstanding anything cont ained in any other law for the time being in force, the recovery of amounts by a Recover y Officer under sub-s ection (1), pursuant to non-compliance with any direction issued by the Board under section 19, shall ha ve precedence over any other claim a gainst such person. (4) For the purposes of sub-sections (1), (2) and (3), the expression “Recovery Officer” means a ny officer of the Board who ma y be authorised, by general or special order in writing, to exercise the powers of a Recovery Officer.- 12 - Ex-187/2014 43 of 1961. 43 of 1961. 43 of 1961. Recovery of amounts. 26. In section 22 of the principa l Act, sub-section (2) shall be omit ted. 27. After section 22B of the principal Act, the following sections shall b e inserted, namely:- “22C. (1) The Central Government may, for the purpose of providing speedy tria l of offences under this Act, by notification, esta blish 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 Justice of the High Cour t within whose jurisdiction the judge to be appointed is working. (3) A person shall not be qualified for a ppointment as a judge of a Special Cour t unless he is, immediately before such appointment, holding the office of a Sess ions Judge or a n Additional Sessions Judge, as the case may be. 22D. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences under this Act committed prior to the date of commencement of the Secur ities La ws (Amendment) Ordinance, 2014 or on or after the date of such commencement, shall be taken cognizance of and t ried by the Special Court esta blished for the area in which t he offence is committed or where there are more Specia l Courts than one for such ar ea, by such one of them as ma y be specified in this behalf by the High Cour t concerned. 22E. The High Court may exercise, so far as may be applicable, all the powers 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 C ourt of Session trying cases within the loca l limits of the jurisdiction of the High Court. 22F. (1) Save as otherwise provided in this Act, the provisions of the Code of Cr iminal P rocedure, 1973 shall apply to the proceedings before a S pecial C ourt and for the purposes of the said provisions, the Specia l Court shall be deemed to be a Court of Session and t he person conducting prosecution before a Special Court shall be deemed to be a Public Prosecutor 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 Advoca te for not less than seven yea rs or should have held a post, for a period of not less than seven years, under the Union or a State, requiring special knowledge of law. 22G. Any offence committed under this Act which is tr iable b y a Special Cour t shall, until a Specia l Court is esta blished, be ta ken cognizance of and tried by a Court of Session exercising jurisdiction over the area, notwithstanding anything cont ained in the Code of Criminal Procedure, 1973: Provided that nothing cont ained in this section shall a ffect the powers of the High Court under section 407 of the Code to tr ansfer a ny case or class of cases taken cogniza nce by a Court of Session under this section.”. 28. In section 23A of the princip al Act, sub-section (2) shall be omitted. 29. After section 30 of the principal Act, the following section shall be inserted, namely:-- 13 -Ex-187/2014 2 of 1974. 2 of 1974. 2 of 1974.Offences triable by Special Courts. Appeal and Revision. Application of Code to procee dings before Special Cou rt. Establishment of Special Courts. Transitional provisions. 2 of 1974. Amendment of sectio n 23A. Insertion of new sectio n 30A.Amendment of section 22. Insertion of new sections 22C, 22D , 22E, 22F and 22G. - 14 - Ex-187/2014 “30A. Any act or thing done or purporting to have been done under the principal Act, in respect of sett lement of administrative and civil proceedings, shall, for all purposes, be deemed to be valid a nd effective a s if the amendments made to the principal Act had been in force at all material times.”. 30. Notwithstanding the fact that the Securities Laws (Amendment) Second Ordinance, 2013 ha s ceased to operate, anything done or any action taken or purported to have been done or taken under the pr ovisions of the said Ordinance shall be deemed to have been done or taken under the corresponding pr ovisions of this Ordinance a s if such provisions ha d been in for ce at a ll material times. PRANAB MUKHERJEE,P resident . P.K. MALHOTRA, Secy. to t he Govt. of India Ord. 9 of 2013. Validation and savings.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500. Validation of certain acts.

N O T I F I C A T I O N(No.2 of 2014)No.J.11011/1/06-REV, the 21st April, 2014. In exercise of the powers conferred under Sections 50 and 54 of the Mizoram (Land Revenue) Act, 2013 (Act No.5 of 2013) read with rule 31 of The Mizoram (Land Revenue) Rules, 2013 and in supersession of all Notifications earlier issued in this regard, the Governor of Mizoram is pleased to revise the rates of various taxes and fees etc. in Schedule I to XIV to be levied and collected under Revenue Department with effect from1st April, 2014 and until further not ificatio ns. R.L Rinawma, Principal Secretary to the Govt. of Mizoram Revenue Department. 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 30.4.2014 Vaisakha 10, S.E. 1936, Issue No. 188 Rate per plot per annum SI. No.ItemGrade Rate as perRevised Rates w.e.f. 2011 (in Rs.)1.4.2014 (in Rs.) (1)(2) (3) (4)(5) 1House Property Tax20.0020.00 (Outside Municipal Area) 2Zoramchhiah30.0050.00 3Stall at Aizawl (Outside Municipal Area)400.00450.00 4Stall at District Hqrs.200.00250.00 5Stall at ot her Notified towns160.00200.00 6Stall at rural/villages areas100.00150.00 7Shop at Aiza wl(Outside Municipal Area) I1,600.001,800.00 II1,200.001,300.00 III400.001,200.00 IV1,000.00 V800.00 VI600.00 8Shop at District Hqrs.I600.00800.00 II400.00500.00 III200.00300.00 9Shop at other notified towns180.00300.00 10Shop at rural/villages areas145.00150.00 REVISION OF RATE OF TAXES AND LAND REVENUE ETC. TAXES ON HOUSE + STALL/SHOP/ZORAMCHHIAH FOR MIZORAMSCHEDULE - IEx-188/20142 PREMIUM Grade Shop/StallPassrate HouseSiterateas AnnualLandRevenue persqm. persqm. forHouseSitepersqm. Landvaluation asPersqm. Rateasper RevisedRates Rateasper RevisedRates Rateasper RevisedRates w.e.f. 2011(inRs.) w.e.f.1.4.2014 2011(inRs.) w.e.f.1.4.2014 2011(inRs.) w.e.f1.4.2014 1.4.2014(in (inRs.) (inRs.) (inRs.) Rs.) (1) (2) (3) (4) (5) (6) (7) (8) (9) (1)StateCapital Grade-I 300.00 300.00 18.00 20.00 4.00 5.00 15,000.00 Grade-II 200.00 250.00 14.00 15.00 3.00 4.00 10,000.00 Grade-III 150.00 200.00 10.00 12.00 2.00 2.50 5,000.00 Grade-IV 140.00 150.00 8.00 10.00 0.80 1.00 4,000.00 Grade-V 130.00 140.00 6.00 8.00 0.45 0.50 2,500.00 Grade-VI. 120.00 130.00 .5.00 6.00 0.25 0.35 1,500.00 Grade-VII 100.00 100.00 3.00 4.00 0.20 0.30 250.00 (2)District Grade-I 250.00 250.00 12.00 15.00 3.00 4.00 5,000.00 Headquarters Grade-II 180.00 200.00 8.00 10.00 2.00 3.00 4,000.00 A.Lunglei Grade-III 130.00 150.00 6.00 8.00 1.00 1.50 2,500.00 Grade-IV 120.00 130.00 5.00 6.00 0.45 0.75 1,500.00 Grade-V 100.00 110.00 3.00 4.00 0.25 0.50 750.00 Grade-VI 80.00 90.00 2.50 3.00 0.15 0.25 200.00 B.Champhai Grade-I 180.00 200.00 10.00 12.00 1.50 3.00 4,500.00 & Kolasib Grade-II 130.00 150.00 6.00 8.00 1.00 1.50 3,000.00 Grade-III 80.00 100.00 3.00 5.00 1.45 0.50 600.00 Grade-IV 50.00 70.00 1.50 2.00 0.15 0.25 175.00 C.Serchhip Grade-I 160.00 180.00 6.00 8.00 1.00 2.00 4,000.00 Grade-II 90.00 120.00 3.00 5.00 0.50 1.00 2,500.00 Grade-III 40.00 60.00 1.00 3.00 0.15 0.40 500.00 Grade-IV - 50.00 - 2.00 - 0.20 150.00 D.Mamit Grade-I 160.00 170.00 6.00 7.00 1.00 1.50 2,500.00 Grade-II 90.00 110.00 3.00 4.00 0.50 0.75 1,000.00 Grade-III 40.00 40.00 1.00 2.00 0.15 0.20 125.00 OthernotifiedTown Grade-I 80.00 100.00 1.50 2.00 1.00 1.20 2,000.00 Grade-II 50.00 70.00 0.75 1.00 0.50 0.60 800.00 Grade-Ill 25.00 40.00 0.35 0.60 0.10 0.20 400.00 Grade-IV 20.00 30.00 0.35 0.50 NONAGRICULTURALLAND (A)SHOP/STALLPASSANDHOUSESITEPASS SCHEDULE-II Ex-188/2014 3 LandRecording Redemptionfor AnnualLandRevenue Determinationof Fees ExcessArea (persqm.) Landvaluefor LandTax(per sqm.) Rateasper RevisedRates Rateasper RevisedRates Rateasper RevisedRates Rateasper Revised 2011 (inRs.) w. e. f 1.4.2014(inRs.) 2011 (inRs.) w.e.f. 1.4.2014 2011 (inRs.) w.e.f.1.4.2014 2006(inRs.) Ratew.e.f. (inRs.) (inRs.) 1.4.2014 (inRs.) (1) (2) (3) (4) (5) (7) (8) (9) (10) (1)AIZAWL Grade-I 5.00 6.00 200.00 250.00 6.00 10.00 4,000.00 30,000.00 Grade-II 3.00 5.00 150.00 200.00 4.00 8.00 3,000.00 20,000.00 Grade - lll 2.00 4.00 140.00 160.00 2.00 5.00 2,000.00 10,000.00 Grade-IV 2.00 3.00 100.00 120.00 1.40 3.00 1,500.00 8,000.00 Grade-V 2.00 2.50 80.00 90.00 0.90 2.00 1,000.00 5,000.00 Grade-VI 2.00 2.30 60.00 70.00 0.55 1.00 400.00 3,000.00 (2)LUNGLEI Grade-I 3.00 4.00 180.00 200.00 4.00 8.00 3,000.00 10,000.00 Grade-II 2.00 3.00 120.00 150.00 2.00 5.00 2,000.00 8,000.00 Grade - lll 2.00 2.50 80.00 100.00 1.40 3.00 1.000.00 5,000.00 Grade-IV 2.00 2.30 70.00 80.00 0.90 2.00 700.00 3,000.00 Grade-V 2.00 2.00 50.00 60.00 0.55 1.00 400.00 1,500.00 Grade-VI 2.00 1.50 40.00 40.00 0.35 0.50 100.00 400.00 (3)CHAMPHAI&KOLASIB Grade-I 3.00 4.00 150.00 180.00 2.00 4.00 2,000.00 9000.00 Grade-II 2.00 3.00 100.00 120.00 1.40 3.00 1.000.00 6,000.00 Grade -lll 2.00 2.00 60.00 60.00 0.70 1.00 300.00 1,200.00 Grade-IV 2.00 l.00 40.00 30.00 0.35 0.50 100.00 350.00 (4)SERCHHIP Grade-I 3.00 4.00 120.00 150.00 2.00 4.00 1,500.00 8,000.00 Grade-II 2.00 3.00 80.00 100.00 0.90 3.00 300.00 5,000.00 Grade - lll 2.00 1.00 40.00 50.00 0.25 1.00 100.00 1,000.00 Grade-IV - 0.75 - 30.00 - 0.50 - 300.00 (5)MAMIT Grade-I 3.00 4.00 120.00 100.00 2.00 3.00 1,500.00 5,000.00 Grade-II 2.00 2.00 80.00 80.00 0.90 2.00 300.00 2,000.00 Grade - III 2.00 0.75 40.00 30.00 0.20 0.50 100.00 250.00 (6)OTHERSTATION Grade-I 2.00 3.00 60.00 70.00 0.90 2.00 800.00 2,000.00 Grade-II 1.50 2.00 50.00 60.00 0.55 1.00 250.00 1,000.00 Grade-III 1.00 0.75 20.00 20.00 0.20 0.50 80.00 500.00 NON-AGRICULTURALLAND:(B)HOUSESITELSC/LANDLEASE SCHEDULE-III Ex-188/2014 4 B.AGRICULTURALLAND:LSC/LANDLEASE . LandRecordingFeespersqm. LandRedemptionFeepersqm. AnnualLandRevenueperhectare LandValuation Grade Rateasper RevisedRates Rateasper RevisedRates Rateasper RevisedRates Rate(inSq.m) RevisedRate(in 2011(inRs.) w.e.f.1.4.2014 2011(inRs.) w.e.f.1.4.2012 2011(inRs.) w.e.f.1.4.2014 asper 2006 Hactare)w.e.f. 1.4.2014 (1) (2) (3) (4) (5) (6) (7) (8) (9) Grade -I 0.10 0.50 1.00 2.00 400.00 450.00 8.00 10,00,000.00 Grade-II 0.10 0.30 0.60 1.00 360.00 400.00 6.00 5,00,000.00 Grade- III 0.10 0.20 0.40 0.75 270.00 300.00 4.00 2,00,000.00 Grade- IV 0.10 0.15 0.20 0.30 180.00 200.00 2.00 1,00,000.00 Premium AnnualLandRevenue Grade perhectare perhectare Rate as per2011 Revised Rate as per2011 Revised (inRs.) w.e.f.1.4.2014 (inRs.) w.e.f.1.4.2014 (1) (2) (3) (4) (5) Grade -I 250.00 300.00 200.00 250.00 Grade-II 200.00 250.00 160.00 200.00 Grade- III 150.00 200.00 108.00 150.00 Grade -IV 100.00 150.00 72.00 100.00 AGRICULTURAL LAND A.PERIODIC PATTA SCHEDULE-IV Ex-188/2014 5 Rateasper RevisedRate Rateasper2011 SI. Typeofbuilding 2011 w.e.f. Surchargefor RevisedRate w. e. f. No (inRs.) independentflator 1.4.2014(inRs.) AnnualTax 1.4.2014(inRs.) apartment (1) (2) (3) (4) (5) (6) ReinforceCement a) 150.00 170.00 100.00 120.00 Concretebuilding b) SemiPuccabuilding 100.00 120.00 80.00 100.00 c) Assam Typebuilding 75.00 100.00 50.00 70.00 d) Otherbuilding 20.00 30.00 - - Providedthatbuildingsofabovedescriptionletoutorusedotherthantheowner’sresidential,theannualsurchargeshallbe assessedtoanamountequivalentto2% oftheAnnualRateableValueofsuchbuildings. Providedfurtherthattheannualrentalvalue,i.e.StandardRentorGreedRentwhicheverislessortheAgreedRentwherever.StandardRentisnot availableforsuchbuildingsshall,afterdeducting10% oftheannualrenttomeetthecostofrepairsandotherexpensesformaintenanceofsuchbuildingsorpartthereof, beconstruedastheAnnualRateableValueofsuchbuildingsforthepurposeofcomputingtheannualsurcharges. Providedfurtherthattheannualrentalvalue,i.e.StandardRentorGreedRentwhicheverislessortheAgreedRentwherever.StandardRentisnot e) availableforsuchbuildingsshall,afterdeducting10% oftheannualrenttomeetthecostofrepairsandotherexpensesformaintenanceofsuchbuildingsorpartthereof, beconstruedastheAnnualRateableValueofsuchbuildingsforthepurposeofcomputingtheannualsurcharges. Note: 1) Agreedrent:means a sumofmoneyagreeduponbetween a tenantandhislandlord(landowner/buildingowner)andpaidatfixedintervalsbythetenanttothe landlordfortheuseoflandorbuildingorboth. 2) Standardrent:meansthestandardrentasdefinedunderSection2oftheMizoramUrbanAreasRentControlAct1974. 3) FeesandBuildingtaxesasproposedabovemaybeenhancedatanintervalof3years. BUILDING TAX FOR OUTSIDE M UNICIPAL AREA Ex-188/2014 6 FE E S A FeeforIssueofHouse/Shop/StallPassand Rs.100.00 P.PattaforW RC/Garden/FishPond/Farm B. MutationandTransferFee* Re.0.20% ofvalueofland . transferred/altered/mutated C. Mutationandtransferfeeinthecaseof inheritancefrom paternal/maternalpropertyon productionofHeirshipCertificate/validwillor giftbetweenmembersoffamilywhichconsists Rs.200.00 offather,mother,husband,wife,son,brother, sister,daughter,grandson,granddaughterand grandparents. *RateforLSC mutationandtransferfeeforthelowestgradeagainstB.aboveshallnotbelessthanRs.300/-. SCHEDULE-VI Ex-188/2014 7 SCHEDULE - VIICLASSIFICATION OF LAND WITHIN THE SPECIFIED TOWN AREA OFAIZAWL CITYGRADE - ILand on both sides of the following road including 30.48m or 100 ft. (surface) or more whichever is applicable from the edge of the road. 1)From Treasury Square Traffic Point – Chanmari at the road junction to Chaltlang near Hrangbana’s House and to the main road to Ramhlun at Accounts & Treasuries Office. 2)From Bazar Bungkawn to Chanmari via Zion S treet a nd Lower Zarkawt including all the areas near Dawrpui Presbyterian Church. 3)From Bazar Bungkawn – Saka wrpului via Sa ron Veng including all New Ma rket ar eas. 4)From Temple Square Traffic Point to Canteen Squar e via Zodin. GRADE - IILand on both sides of the following road including 30.48m or 100 ft. (surface) or more whichever is applicable from the edge of the road. 5)From Treasury Squa re Traffic Point to S ikulpuikawn via Venghlui and Upper Khatla M.G. Roa d. 6)From Mission Veng near Pu Lalbuaia ’s House to Kulikawn via Thakthing tlang. 7)From Sikulpuikawn to Temple Squar e Traffic Point via Khatla including Khatla kawn at the road junction of Bungkawn and Nursery Veng. 8)From Temple Square Traffic Point to Vaivakawn via Tuikual at the road ju nction of Chawnpui/ Zotlang and Chhangurkawn Luangmual. 9)From Vaivakawn to Chanmari Presbyterian Church t o the junction of Cha ltlang via Chanmari West. 10) From Chanma ri near Hrangbana’s House to Bawngkawn at t he road junction of D urtlang and Zemabawk. 11) From Chanma ri near Accounts & Treasuries Office to Bawngkawn via Ramhlun. 12) From Zarkawt to Chanmari via McDonald Hill. 13) From Khatla kawn to Nursery Veng at Pu R.Selthuama’s House via Chawnga Road. 14) From Khatla kawn to Bungkawn Ba zar via AH & Vety Office. 15) From Khatla kawn to Bungkawn at Tourism Office via Kha tla Bethel. 16) From Upper Bazar to Babutlang near PWD S taff Quarter via Aiza wl Police Station. 17) From Bazar Bungkawn to Chhinga Veng at t he entr ance of Dawrpui Cemetery. 18) From Sakawrpului to Ramthar at Sihpui. 19) From Raj Bhavan southern gate to Sikulpuikawn via Tuikhuahtlang. Ex-188/20148 GRADE - IIILand on both sides of the following road including 30.48m or 100 ft. (surface) or more whichever is applicable from the edge of the road. 1)From Treasury Squar e to College Veng Taxi Stand via Republic Veng. 2)From the road junction of Armed Veng and Tuithiang at Chhinga Veng to College Veng Taxi Stand via Bethlehem Veng. 4)From Treasur y Squar e Dak Inpui and from Venghlui peng below Raj Bhavan to Bethlehem Veng via Venghlui Presbyterian Church. 5)From Mission Veng Presbyterian Church to Mission Vengthlang kawn. 6)From Khatla to Dinthar via RM High School at Tuikual. 7)From Vaivakawn to Kanan Veng at the entr ance of Primar y School compound. 8)From Dawrpui Vengthar to Dinthar kawn. 9)From Bazar Bungkawn to Vaivakawn via Dawrpui Vengthar. 10) From Chaltlang Dawrkawn to Laipuitlang PWD Complex a rea. 11) From Chaltlang Dawrkawn to Chalt lang Field. 12) From Ramhlun North to the junction of Ramhlun Vengthar a nd Industry Mua l to Electric Veng, Ramhlun South and Aizawl Venglai. From Bawngkawn Tra ffic Point to T huampui at the road junction of Zuangtui and Zemabawk. GRADE IVLand on both sides of the following road including 30.48m or 100 ft. (surface) or more whichever is applicable from the edge of the road. 1)Starting from Hlimen kawn in front of Hlimen Presbyterian Church to the main road at Melthum to Saikhama kawn. It then follows CP Road at Kulikawn via Hridaikawn a nd then it goes to Model Veng and to Mission Vengthlang kawn. 2)From Mission Vengthlang kawn, it goes to the ma in road of Kha tla South to Nursery Veng kawn and then to Maubawk via Bungkawn. F rom Maubawk it goes to Bungka wn Vengthar road via Bungkawn Vengtha r Presb yterian Church and follows the road to New Secreta riat Complex. 3)From New Secretariat Complex, it goes to Chawnpui crossing Tuikual lui through Chawnpui via Chawnpui Sport Complex and then it goes to Zotlang in front of Zotlang P resbyterian Chur ch and then to Luangmual Chhangurkawn. 4)From Chhangurkawn, it goes to Govt. Complex road and then to Zonuam PWD Complex and it goes to the Central Jail Road upto Chawlhhmun Kawn. It then turns to the western side along Chawlhhmun internal road u pto Ropa iabawk to Vaivakawn via Zohnuai. 5)From Vaivakawn Hunthar peng to Bawngkawn via Company peng and then it goes to Durtlang Road via Leitan to Selesih kawn. It then follows the r oad to Zuangtui to Thuampui Road. 6)From Thuampui, it goes to Zemabawk Forest Check Ga te and then it runs along Lungbial Road to Lungbial Presbyterian Church. It then goes to Zemabawk Galilee Veng belowEx-188/2014 9 Zema bawk High School upto the Bus Stand at Zemaba wk. It goes along the road to Army Supply Area to Falkland and then to Thuampui Veng. 7)From Bawngkawn, it follows College Road via Ra mhlun Vengthar along the lowest roa d to Ramhlun Spor t Complex Veng and then it goes to Ramthar Veng. 8)From Ramtha r Veng, it follows the road to Electr ic Hebr on via Sihpui and then it goes to Armed Veng b azaar a nd then it goes again to Bethlehem Vengthlang kawn via Tuit hiang Veng. It then follows the road to College Veng via P achhunga University College and it follows the road to I.T. I. kawn and then it goes to Mualpui kawn. 9)From Mualpui kawn, it goes to Sa lem Veng to Venghnuai, and then it follows the roa d to Kulikawn, a nd then Saikha makawn via Nga izel and Tlangnuam to Melthum, and it meets the starting point at Hlimen. 10) From Company peng to PTC peng via Rangvamual. GRADE - VLand on bot h sides of all motora ble roa ds within the a rea covered by Grade I, II, III & IV including 30.48m of 100 ft. (surface) or more whichever is applicable. GRADE – VIAll lands which are not included in the above gra des and do not have approach r oad. Note : 1.All Govt. r esidential areas for VIP’S only of Government of Mizoram are classified under I-Gr ade. 2.If there is clashes/overlap between the Grades, the higher grade has to supercede the lower one. 3.Land which is included under any one of the Grades i.e, I – VI, but has no frontage/return- frontage to the edge of t he road shall be classed under the lower Gr ade, e. g., I-Grade to II- Gr ade. Ex-188/201410 SCHEDULE - VIIICLASSIFICATION OF LAND WITH IN THE SPECIFIED TOWN AREA OFLUNGLEI.Land on both sides of motorable/street within the horizontal distance of 30.48m/100ft . from the edge the road/street, only t hose sit es having frontage/ return frontage to the side of the road/ street which a re:- I-GRADE: 1)Along the main Roa d from Kikawn Bazar Veng, junction of Thla nmual Road upto dry stream which is the boundary of R amthar veng & Lunglawn Veng. 2)Along Parallel Roa d, from Venglai upto through cutting Near P resbyterian Church blog at Bazar Veng. 3)Along the Road from Thana to ST Bus Station, and from Bus Station viz. Revenue Department Office upto Road junction with the main road. 4)Along the Road from Auditor ium of Art & Culture to dry stream including Sobji Ba zar. II-GRADE: 1.Along the main roa d from Kikawn to Serka wn Indoor Stadium. 2.Along Parallel Roa d from Kikawn, below PWD Office to Bazar Veng Presbyteria n Church Building. 3.Along Tlabung Road from Thuamluaia Mual junction to Old Forest Check Gate. 4.Along the Road from MST Bus Station to Roa d junction of T labung R oad. 5.Along the main road from the boundary stream of Ra mthar of Lungla wn upto Three Gate. 6.Along the main roa d from S obji Ba zar to Three Gate. 7.Along the Road of Falkawn that is Road junction of Ra mthar Veng upto Distr ict roa d junct ion. 8.Along the Road from junct ion of Old Post Office upto F alkawn now junction (Haka Road). III-GRADE:- 1.Along the main road from S erkawn Indoor S tadium upto (including) BSF Camp. 2.Along Melte Road fr om Serka wn Christian Hospital to Road junction near DIET Office. 3.Along Rahsi Veng Colony roa d from Thuamlua ia mual junction upto PWD Quar ter. 4.Along Tlabung Road from Old Forest Check Gate to Sazai ka wn (including Sazai ka wn villa ge). 5.Along the Road from Vety Office of chanmary upto Distr ict Roa d junct ion. 6.Along Salem Veng Road from main Road junction to Distr ict Roa d junct ion. 7.Along Old Road of Tlabung from three ga te to Luangmua l Supply Godown junct ion. 8.Along the ma in road 3 gate to Theiriat village (including Theiriat villa ge). IV-GRADE:- 1.Along main r oad from Theiria t to Zobawk. 2.Along the ma in road of Lawngtlai from Hra ngchalka wn junction within Hra ngchalkawn Village. 3.Along the Upper Roa d of Theiriat from Sethlun, (1) to Dawrzawl (2) Roa d junct ion near V.C. House to main roa d junction. 4.Along Upper Road of Sethlun from 3 gate to main road junction.Ex-188/2014 11 5.Along the Road from Road junction near BC M Church Building to main Roa d junct ion. 6.Along the Road from Lunglawn field to District Road junct ion. 7.Along the main roa d from Luangmual supply Godown junct ion to the last 2nd MAP Qua r t er. 8.Along Old T labung Road from Supply Godown junction up to Haurua ng village. 9.Along Vanhne Road form Sazai kawn to Chhumliam kawn. 10. Along Rahsi Veng main roa d from Tleu Veng to P WD Quar ter. 11. Along the Road from Pi Zawni stall junct ion upto Tleu Veng Roa d junct ion. 12. Along the R oad from Rahsi Veng Market junction upto P WD Quar ter. 13. Along the ma in road within Venghlun iocality. 14. Along the R oad from Thuamluaia mual junction to Bazar main r oad. 15. Along truckable road Collage Road junction to main roa d junct ion. 16. Along main road fr om Zotlang BSF Camp to Pukpui Village Area .. 17. Along the R oad from main r oad junction to Kam za wl Helipad. 18. Along all internal truckable Road within Zotlang Village Area. 19. Along all internal trucka ble Roa d within Serka wn including R amzotla ng Village. 20. Along all internal Trucka ble Road within Zohnuai. 21. Along Kikawn tlang road from Bazar-Kikawnjunction to Main roa d junct ion. 22. Along Baza r 2nd Parallel Road from Secret Heart School to Electric Veng and from Secret Heart School to Bazar Veng Area. 23. Along all Internal Truckable Road within Electric Veng. 24. Along all Internal Truckable Road within Chanmary, Farm Veng, Ra mthar Veng and Salem Veng. V-GRADE :-Along all motorable Road within Lunglei Town not mentioned above. VI-GRADE:-All sites which ar e not mentioned above within Lunglei Town Area. SCHEDULE -IXCLASSIFICATION OF LAND WITHIN THE SPECIFIEDTOWN AREA OF CHAMPHAI Land on both sides of Motorable/street within the horizontal distance of 30.48m/100ft from the edge the road/street, only those sites having frontage/ return frontage to the side of the road/street which are:- I - GRADE: 1)Along the road from Pi Ziri (Teacher) building via Vengthlang, including roads of North & South of Chanem upto Vengsang Presbyterian Church building. 2)The road from Vengthlang Presbyterian Church building along Awmpuii p he i vi a Ba za r up t o Zaluta building at Dawrkai kawn. 3)Along the road from D.K. point (0 point) of Vengthlang (including State Bank Road) up to PWD Gate at Bethel Bazar. 4)Along the road from YMA Run at Dawrkai kawn via Old Kahrawt Bazar upto Pu Vanlallawma Indoor Stadium. II - GRADE: Along the road from. 1.Vengsang Presbyterian Church building to Civil Hospital Gate. 2.Vengsang Presbyterian Church Building to Building of Phunzinga(L). 3.Vengsang Presbyterian Church to road junction near building of Lalthang (L). 4.Building of Chalzika at Kahrawt following PHE Road upto Liankhuma building. Ex-188/201412 5.Dawrkai kawn following Vety Road upto Agriculture Office. 6.Building of Lalbuatsaiha following Bungtlang Road upto Manthanga Building. 7.Building of Thangliana following Thlerpui kawng upto Khawliana Building. 8.Building of Thanmawia at Rahsi Veng to Gate of Vety Department. 9.Building of Lalrinliana at Awmpui phei upto College Road. 10. Building of Chawngruma at Vengthlang upto Building of K.Lalrintluanga. 11. YMA Run of Vengthlang to Collage Road. 12. Sangchia Building at Venglai to Church building of Salvation Army. 13. Vengthlang YMA Run to Dr.Lawta’s building. 14. Building of C.Hrangsavunga Venglai to Gate of Govt. Champhai Collage. 15. Bethel Bazar including both eastern & western roads of PWD mual upto the Gate of Roman Catholic 16. Building of Ningkhawliani at Bethel to Memnorial Stone of Laltaka at New Champhai. 17. New Champhai kawn following Zote Road to Supply Godown. 18. Tlangsam Road junction following Tlangsam Road to building of Siamthanga. 19. Building of R.Khawhluna of Bethel following Venglai Road up to F.Thangvela building. 20. Building of T. Lalrizapa following Electric Veng Road upto Vaihmun. 21. Building of Vanlalhuma at Dawrkai kawn upto Road junction of Thlerpui Road. 22. Building of J.E. Sanga (L) at Kanan Veng following Sericulture Road up to Hmawng Bungbu kawn. 23. Building of T.THanga of Bethel Veng to K.Thuamluaia Building. 24. Building of Lamkhawmang at Vengtlang to Aizawl Road junction. 25. Building of Ziri (Teacher) following Aizawl Road upto Police Check Gate. 26. Cherep kawn following N.Khawbung Road upto the extent of Champhai Town Area. 27. Building of C.Lalvena following Street Road i.e. Zote Road upto the building of Kawmsanga. 28. Tuipui bridge along Hnahlan Road upto the extent Champhai Town Area. 29. Building of Nupuii of Ngur Veng along Zote Road upto IIDC Gate. 30. Presbyterian Biak In kawn to building of K.Saikunga. 31. Tlangsam Centenary Memorial Stone to building of Presbyterian Church. 32. uipui river via Zotlang ‘E’ up to building of Presbyterian Church. 33. Zotlang ‘E’ Dawrkawn to Pioneer Camp kawn. 34. Building of Langkhual Chhungte along Aizawl Road upto the extent of Champhai Town Area. III - GRADE: All sides along any Motorable/Jeepable Roads which are not mentioned above. IV - GRADE: All site which do not fall in the above categories. SCHEDULE - XCLASSIFICATION OF LAND WITHIN THE SPECIFIED TOWN AREA OFKOLASIBI - GRADE : Both sides of the main road/street within the perimeter of 3 0.48m/100ft. horizontally fr om the edge of t he road/street to those sites having frontage/return frontage to the side of the road/street, which ar e :-Ex-188/2014 13 1)From Pillar No.14 fixed at the road junction of NH-54 and ICAR complex road just south-west of Kumtluang Run (House) at Diakkawn South to pillar No.9 fixed by the side of Big Banya n tree, just in front of R.H. a t Diakkawn Bazar via pillar No. 13,12 and along NH-54. 2)From pillar No. 13 fixed at the road junction of NH-5 4 and C.P. roa d upto pillar No.11 fixed at the road junction with C.P. road and NH-54 in front of Pu Lalchhawna’s house. 3)From pillar No.9 as mentioned above to following NH-54 north-west up to pillar No.10 fixed by the side of Rsiky Motor Workshop to the north of Rest house. 4)From pillar No.9 a s mentioned in Sl. No. 2 above at Diakkawn following Hmarveng main road upto pillar No. 1 fixed to the North-east corner of Hmarveng Playground, just by the side of Shri. Thangliana’s house at Hmarveng via pillar No. 6, 5, 3, 3 & 2. 5)From pillar No. 6 fixed at the road junction of Thirhruiban ka wn following Salem veng road upto Nursery School building. 6)From pillar No. 6 a s mentioned above following P roject Veng road upto pillar No. 8 fixed at the entr ance gate of Kolasib High School via pillar No.7. 7)From pillar No.7 fixed at the roa d junction, just by the side of Shri. Saiengliana’s house a t Park kawn following Leitan road upto the road junction with Hmarveng road, nearby the house of Lalthianghlima. II - GRADE : Both sides of the main roa d/street within the perimeter of 30.48m/100ft . horizontally from the edge of the roa d/street to those sites having frontage retur n fronta ge to the side of the road/str eet, which are :- 1)From pillar No. 1 as mentioned in S1.No.1(4) to northwards upto road junction where Saidan T hirhrui ban kawn roa d and Hmar veng roa d meet and the following upto pillar No. 6 as mentioned in S1. No. 1 (5). 2)From pillar No.2 fixed nearby the house of Smt. Nuseni (Laltha ntluangi) at the road junction at Hmar veng following down r oad to east-wa rds and leading to power House upto the same road meet Saida n Thirhr ui ban road. 3)From pillar No. 3.fixed in front of Salva tion Army Temple at Hmar veng surrounding P. W.D. Office complex upto pillar No.4 fixed by the side of Culvert nearby Shri. Radha Jaisis house at Bangalow kawn , 4)From pillar No. 4 as mention above (Sl.No.3) following Tumpui road upto the road junction of Hmarveng road and Tumpui road, just in front of I.B. Gate. 5)From pillar No.5 fixed near by the house of Saithuama at Bangla kawn following down roa d leading to Power House upto the junct ion with Baidan Thirhr ui ban road. 6)From road junction of Hmar veng roa d and one road encircling the western side of Civil Hospita l at Bangla kawn, just north of Civil Hospital Compound to south wards upto pillar No.7 fixed par k kawn. 7)From road junction of Hma rveng r oad and approa ch road of St. John’s High S chool t o westwards upto the place where it meet Ba ngla ka wn Park kawn road. 8)From pillar No. 8 a t Project Veng upto Civil Supply godown at P roject veng. Ex-188/201414 9)Star ting from road junction between pillar No. 8 & 9 following Lungpher road southwards upto Shri. Saidanga and Shri.Lalliana ’s compound. 10) From pillar No. 12 along NH-54 at Diakka wn to west war ds upto road junction of C.P Road nearby Seven Brother ’s building and Forest Ra nge Office. 11) F rom pillar No. 14 as ment ioned in S l. No. 1 (1#at Diakkawn South following KVK road to southwards upto the house of Sapmawia’s house. 12) All lands on both sides of NH-54 which are not included in the 1st Grade within the specified town areaof Kolasib. III - GRADE: Both sides of motorable/jeepable road/Street, within the perimeter of 30.48m/100ft. horizontally from the edge of the road/street to those sires having frontage/return-fronta ge to the side of the road/street which are :- All lands a long the motora ble/Jeepable r oads/str eet which are not included in the I & II Gr ades within the specified Town area of Kolasib are Classed under t his Gra des. IV - GRADE :- All lands which ar e not included in the I & II Grades within the specified town a rea of Kolasib are Classed under this Gr ade. SCHEDULE - XICLASSIFICATION OF LAND WITH IN THE SPECIFIED TOWN AREA OFSERCHHIP Both sides of the main road/street within the perimeter of 30.48m (100ft.) horizontally from the edge of the road/street subject to those site which is having frontage/return-frontage to the edge of the road/ street only. I - GRADE: 1.From. Thumbawk tuikhur, Serchhip Dinthar to Hmar Veng peng (below Non Mizo Biak In at AOC Veng). 2.From a stream near Darduna’s House, IOC Veng to Thlanmual No.l peng near H.Zonuntluanga’ a House at College pengthlang. 3.From Chhiahtlang tuikil peng to District Jail peng (near Khiangzika’s House). II - GRADE: Along NH-54 and truckable metalled road which are not included by I-Grade. III - GRADE: Along Jeepable (metalled road and un-metalled road) which are not included by I&II Grade. IV-GRADE : All land which are not included by I, II, III Grade Notes : New constructed road may automatically be changed as the grade entitled. Ex-188/2014 15 SCHEDULE - XII CLASSIFICATION OF LAND WITHIN THE SPECIFIED TOWN AREA OF MAMIT Both sides of the main road/street within the perimeter of 30 .48m (1 00ft) horizontally fr om the edge of t he road/street subject to those site which is having frontage/return-fronta ge to the edge of the road/ street only. I - GRADE: 1.From Ramrika wn (PWD) Veng to High School Veng upto YMA Jubilee stone in the northern s ide. 2.From the YMA Jubilee stone of High School Veng to Jubilee stone of Charkawn (via Ma rket ar ea). 3.From Charka wn YMA Jubilee stone to the house of Rohmingliana of Vengthar. 4.Char kawn YMA Jubilee stone to the house of Pu Hr anga of Venghlun including both sides of La l In appr oach r oad. 5.From Charkawn YMA Jubilee stone to Jubilee stone of High School Veng via the two r oads of Hmunsam Presbyterian Church. 6.Ramr ikawn, near PWD Complex to Ralte Ba wk Road junction along PWD Road. 7.From Luangpa wl road junction (Khia ngthliah) hmun to Ramrikawn via Luangpawl village. 8.From the pla y field of High School Veng to Sengmatawk ka wn in the western side along AMVK Roa d. . 9.From the house of Rodingliana of Vengtha r to Herhse ka wn along PWD Road. 10. From the playing field of High School Veng to Vaube ka wn along Rural link road passing thr ough proposed Ma rket Area, near Vety. Complex. 11. From the pla ying gr ound of High School Veng to Va ube kawn along Rural link road via Hmunsam Graveyard and lower part of Venghlun Graveyard and through the Middle part of Vengthar Graveyard. II - GRADE: 1.Both sides of the main roa d/street within the p erimeter of 30. 48m/l00ft. hor izontally form the edge of the road/street subjected to those site which is having frontage /return-fr ontage to the edge of the road street only viz. 2.All lands a long the Jeepa ble/Motorable roads which ar e not included in the Ist Gr ade. III - GRADE: All lands within the specified town area which a re not included in the Ist Grade and 2nd Gr ade. Ex-188/201416 NOTES 1.All Governments residentia l Bungalow etc. for VIP are classed under the Ist Gr ade. 2.If a ny two grades or more are overlapped at any particular place the highest grade will be used. 3.If a ny parcel of lands which falls within the 1st Grade and 2nd Grades but having no frontage/return- frontage to the side of road/street the land should be classed to the next lower gr ade, viz 1st Grade into 2nd Grade etc. SCHEDULE - XIIICLASSIFICATION OF LAND WITHIN OTHER STATION AREASGRADE – ILand on both sides of National Highway/State Highway etc. including 30.48m or 100 ft. (surfa ce) or more whichever is applicable from the edge of the r oad. GRADE – IILand on both sides of the Trucka ble roa d including 30.48m or 100 ft . (surface) or more whichever is applicable from the edge of the road. GRADE – IIILand on both sides of the Jeepable road including 30.48m or 100 ft. (surface) or more whichever is applicable from the edge of the road. SCHEDULE - XIVLAND OUTSIDE CITY/TOWNAREA :-GradeDescription A(1) All Wet Rice Cultivation (2) All land surface measured 2 km from the middle of Na tional Highway and that of the main a pproach road to all District Headquarters from Aizawl BAll land surface measured 2 km fr om middle of the Truckable road. CAll land other than A and B.Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at th e Mizoram Govt. Press, Aizawl. C-500.Ex-188/2014 17

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 30.4.2014 Vaisakha 10, S.E. 1936, Issue No. 189 NOTIFICATION No.B.13018/l/2011-AGR/310, the 25th April, 2014.In pur sua nce of the decision of the Meeting under the Chairmanship of Chief Secretary held on 1st April, 2014 and with a view to curb smuggling and securing availa bility of fertilizers to local farmers, the Governor of Mizoram is pleased to constitute a Distr ict Vigilance Committee on Fertilizers to monitor movement of fertilizers in all the Districts of Mizoram with the following composition:- 1.Deputy Commissioner- Chairman 2.Superintendent of Police- Member 3.Superintendent of Taxes- Member 4.District Horticulture Officer- Member 5.Representative of Central Excise & Customs (to be nominated by DCCE) - Member 6.Representative of Assam Rifles (to be nominated by DIG Range)- Member (for Myanma r adjoining Distr icts) 7.Representative of Border Security Force (to be nominated by IG/DIG)- Member (for Bangladesh adjoining Districts) 8.Representative of all Mizoram Farmer Union- Member 9.District Agriculture Officer- Member Secretary Ter ms of R efer ence: 1.The District Vigilance Committee will supervise, exercise vigilance and monitor the distr ibution and movement of fertilizers in accorda nce with the Fertilizer (Movement Control) Order, 1973. 2.The Committee will look into complaints/a lleged irregularities received in respect of fertilizer within the District and shall exercise preventive vigilance to ensure that irregula rities including diver sion are avoided in accordance with the Fertilizer (Control) Order, 1985. 3.The Committ ee will meet once ever y thr ee (3) months; a nd may invite the pres ence of Fertilizer Inspector, Agriculture Department in all its meetings. 4.Quar terly stock checking of outlets of approved Dealers. 5.Member Secretary shall convene the meeting on the direction of the Chair man. Lalram Thanga, Principal S ecretar y to the Govt. of Mizoram, Agriculture Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per pageVOL - XLIII Aizawl, Wednesday 30.4.2014 Vaisakha 10, S.E. 1936, Issue No. 190 NOTIFICATION No.B.13018/l/2011-AGR/309, the 25th April, 2014.On expiry of the tenure of the existing State Fertilizer Committee constituted vide this Department Notification No. B.13018/2/2007-AGR Dt. 4.2.2009 and under the Proviso of Sub-cla use(5) of Clause 38 of the Fertilizer (Control) Or der 1985, the Governor of Mizoram is pleased to reconstitute “Sta te Fertilizer Committee” cons isting of the following members: 1.1) Director of Agriculture( Crop Husbandr y), Mizoram- Chairman 2) Director of Horticulture, Mizoram- Member 3) Director of Soil & Water Conservation, Mizoram- Member 4) Indian Micr o-Fertilizer Manufact urers Association representa tive - Member 5) Asst.Soil chemist, Department of Agriculture, Mizoram- Member Secretary 2.Functions of the commit tee: The Commit tee sha ll advice: 1) The grades/ formula tions of physical/ gr anulated mixtur es of fertilizers tha t can be allowed to be pr epared in the st ate. 2) Requirement of Laboratory facilities in a manufacturing unit. 3) Method of drawal and ana lysis of samples. 4) Any other matter r eferred by the Central Government/ S tate Government to the commit tee. 3.The Committee may, subject to the previous approval of the Central Government, Centra l Fertilizer Committee make by law fixing the quorum and regulating its own procedure and the conduct of all business to be transacted by it. 4.The Committee may a ppoint one or more sub-commit tees, consisting wholly of members of the Committee or partly of the members of the Commit tee and partly of co-opted members a s it thinks fit, for the purpose of discharging such of its function as may be delegated to such-committee or sub-committ ees by the Sta te Fer tilizer Commit tee. 5.The Committee shall closely watch the pr evailing situation of illegal transportation of Fertilizer and to take necessary steps as and when necessary in addition to the duties and responsibilities laid down in the Fertilizer Control Order 1985. 6.The term of the Committee shall be five years fr om the date of its publication in the official gazette. Lalram Thanga, Principal S ecretar y to the Govt. of Mizoram, Agriculture Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No . 270 09 /19 73 P ost al Re gn. No . NE-3 13 (MZ) 200 6-20 08Re. 1 /- pe r p ageV O L - X LIII A iz aw l, M on da y 2 8. 4. 2 01 4 Vais ak ha 8, S. E . 1 93 6, Is s ue N o . 1 84 NOTIFICATIONNo. H. 12 01 7/ 55 /2 0 12 -LJD, t he 15th April 2014.The following Centra l Act is hereby published for genera l informa tion. The Right to Fair Compensa tion and Transpa rency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No. 3 0 of 2 013) Za hmi ng t ha ng a Ra lt e ,Deputy Secretary to the Govt. of M izoram. THE RIGHT TO FAIR C OMPENSATION AND TRANSPARENC Y IN LAND ACQUISITION, REHABILITATION AND RE SET TLEMENT ACT 2013 AN ACT toensure,inconsultationwithinstitutionsoflocalself-governmentandGramSabhasestablished undertheConstitution,ahumane,participative,informedandtransparentprocessfor landacquisitionforindustrialisation,developmentofessentialinfrastructuralfacilities andurbanisationwiththeleastdisturbancetotheownersofthelandandotheraffected familiesandprovidejustandfaircompensationtotheaffectedfamilieswhoselandhas beenacquiredorproposedtobeacquiredorareaffectedbysuchacquisitionandmake adequateprovisionsforsuchaffectedpersonsfortheirrehabilitationandresettlement andforensuringthatthecumulativeoutcomeofcompulsoryacquisitionshouldbethat affectedpersonsbecomepartnersindevelopmentleadingtoanimprovementintheir postacquisitionsocialandeconomicstatusandformattersconnectedtherewithor incidentalthereto. BE i t e na cted by Pa rl iamen t in th e Si xty-four th Yea r of t he Re publi c of Ind ia a s foll ows:— CHAPTE R I PRE LINARY 1. (1 ) Th is Ac t may be ca l le d t h e Ri ght t o Fa ir C ompen sa ti on a n d Tr a n sp ar en cy i n La n d Acqu isi ti on, Reh a bil it a ti on an d Rese tt le men t Act , 2 01 3. (2) It ex ten ds to th e wh ol e of I ndi a e xce pt th e St at e of Ja mmu an d Ka shmi r.Short title, exten t and com mence- ment.

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 2.5.2014 Vaisakha 12, S.E. 1936, Issue No. 191 OBITUARY With profou nd grief and sorrow, the Government of Mizoram has learnt the sad and untimely demise of Er. F. Lalrinsanga, S r. Executive Engineer, Ground Water and Quality Control Division, Public Health Engineering Department at 10:00 P.M on 3.4.2014. Er. F. Lalr insanga entered into Government service as Assistant Engineer under Public Health Engineering Department on 29.3.1989. He was promoted to Executive Engineer on 23.4.2004 and further promoted to Sr. Executive Engineer on 19.10.2009. During his entire tenure of 25 years, he had been serving in various capacities as Assistant Engineer/SDO, Executive Engineer/S r. Executive Engineer under P ublic Healt h Engineering Depa rtment. And he was posted as Executive Engineer, Gr ound Wa ter and Qualit y Contr ol Division where he served till he drew his last breath. He served the Gover nment of Mizora m with utmost sincerit y and devotion and endeared himself to all his collea gues. He always proved himself to be a conscientious officer. The Government of Mizoram places on record its appreciation of t he sincere services r endered by E r. F. Lalrinsa nga, S r. Executive Engineer, Ground Wa ter and Q ua lity Contr ol Division, Public Health Engineering Department and conveys its heartfelt sympa thy and condelence to his bereaved family. ‘May his soul rest in peace’. Lianchungnunga, Secr etary to the Govt. of Mizoram, Public Health Engineering Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500