The State of Mizoram Act, 1986
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 1 Short title.
This Act may be called the State of Mizoram Act, 1986.
Section 2 Definitions.
In this Act, unless the context otherwise requires,—
(a) "Administrator" means the administrator appointed by the President under Article 239 of the Constitution;
(b) "appointed day"1 means the day which the Central Government may, by notification in the Official Gazette, appoint;
(c) "article" means an article of the Constitution;
(d) "Election Commission" means the Election Commission appointed by the President under Article 324;
(e) "existing Union territory of Mizoram" means the Union territory of Mizoram as existing immediately before the appointed day;
(f) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or any part of the existing Union territory of Mizoram;
(g) "sitting member", in relation to either House of Parliament or of the Legislative Assembly of the existing Union territory of Mizoram, means a person who, immediately before the appointed day, is a member of that House or that Assembly;
(h) "treasury" includes a sub-treasury.
(a) "Administrator" means the administrator appointed by the President under Article 239 of the Constitution;
(b) "appointed day"1 means the day which the Central Government may, by notification in the Official Gazette, appoint;
(c) "article" means an article of the Constitution;
(d) "Election Commission" means the Election Commission appointed by the President under Article 324;
(e) "existing Union territory of Mizoram" means the Union territory of Mizoram as existing immediately before the appointed day;
(f) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or any part of the existing Union territory of Mizoram;
(g) "sitting member", in relation to either House of Parliament or of the Legislative Assembly of the existing Union territory of Mizoram, means a person who, immediately before the appointed day, is a member of that House or that Assembly;
(h) "treasury" includes a sub-treasury.
1. 20th February, 1987, vide notification No. S.O. 72(E), dated 11th February, 1987, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
Section 3 Establishment of the State of Mizoram.
On and from the appointed day, there shall be established a new State, to be known as the State of Mizoram, comprising the territories which immediately before that day were comprised in the existing Union territory of Mizoram.
Section 4 [Repealed].
[Amendment of First Schedule to the Constitution].—Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001).
Section 5 [Repealed].
[Amendment of Fourth Schedule to the Constitution].—Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001).
Section 6 Allocation of sitting member.
(1) On and from the appointed day, the sitting member of the Council of States representing the existing Union territory of Mizoram shall be deemed to have been duly elected under clause (4) of article 80 to fill the seat allotted to the State of Mizoram in that Council.
(2) The term of office of such sitting member shall remain unaltered.
(2) The term of office of such sitting member shall remain unaltered.
Section 7 [Repealed].
[Amendment of section 27A of Act 43 of 1950].—Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001).
Section 8 Allocation of seat in the existing House of the People.
(1) On and from the appointed day, the allocation of seats to the State of Mizoram in the House of the People and the number of seats to be reserved for the Scheduled Tribes of that State shall be one; and the First Schedule to the Representation of the People Act, 1950 (43 of 1950), shall be deemed to be amended, accordingly.
(2) On and from the appointed day, the parliamentary constituency of the existing Union territory of Mizoram shall be deemed to be the parliamentary constituency of the State of Mizoram and the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, shall be construed accordingly.
(2) On and from the appointed day, the parliamentary constituency of the existing Union territory of Mizoram shall be deemed to be the parliamentary constituency of the State of Mizoram and the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, shall be construed accordingly.
Section 9 Provision as to sitting member.
The sitting member of the House of the People representing the constituency which, on the appointed day, by virtue of the provisions of section 8 becomes the constituency of the State of Mizoram, shall be deemed to have been elected under sub-clause (a) of clause (1) of article 81 to the House of the People by that constituency.
Section 10 Provision as to Legislative Assembly.
On and from the appointed day, the total number of seats in the Legislative Assembly of the State of Mizoram to be filled by persons, chosen by direct election from assembly constituencies shall be forty; and the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), shall be deemed to be amended accordingly.
Section 11 Delimitation of constituencies.
(1) The Election Commission shall, before the appointed day, and in the manner herein provided, distribute the seats assigned to the Legislative Assembly of the State of Mizoram under section 10 to single-member territorial constituencies and delimit them, having regard to the provisions of the Constitution and to the following provisions, namely:—
(a) all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience; and
(b) constituencies in which seats are reserved for the Scheduled Tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest.
(2) For the purpose of assisting it in the performance of its functions under sub-section (1) the Election Commission shall associate with itself as associate members,—
(a) the sitting member of the House of the People referred to in section 9; and
(b) such six of the members of the Legislative Assembly of the existing Union territory of Mizoram as the Speaker thereof may nominate:
Provided that none of the associate members shall have a right to vote or to sign any decision of the Election Commission.
(3) If owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if practicable, in accordance with the provisions of sub-section (2).
(4) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the Official Gazette and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified;
(c) after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any Court.
(5) As soon as may be after such publication, every such order relating to assembly constituencies shall be laid before the Legislative Assembly of the existing Union territory of Mizoram.
(a) all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience; and
(b) constituencies in which seats are reserved for the Scheduled Tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest.
(2) For the purpose of assisting it in the performance of its functions under sub-section (1) the Election Commission shall associate with itself as associate members,—
(a) the sitting member of the House of the People referred to in section 9; and
(b) such six of the members of the Legislative Assembly of the existing Union territory of Mizoram as the Speaker thereof may nominate:
Provided that none of the associate members shall have a right to vote or to sign any decision of the Election Commission.
(3) If owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if practicable, in accordance with the provisions of sub-section (2).
(4) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the Official Gazette and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified;
(c) after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any Court.
(5) As soon as may be after such publication, every such order relating to assembly constituencies shall be laid before the Legislative Assembly of the existing Union territory of Mizoram.
Section 12 Power of Election Commission to maintain delimitation orders up-to-date.
(1) The Election Commission may, from time to time, by notification in the Official Gazette,—
(a) correct any printing mistake in any order made under section 11 or any error arising therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date.
(2) Every notification under this section relating to an assembly constituency shall be laid, as soon as may be after it is issued, before the Legislative Assembly of the existing Union territory of Mizoram.
(a) correct any printing mistake in any order made under section 11 or any error arising therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date.
(2) Every notification under this section relating to an assembly constituency shall be laid, as soon as may be after it is issued, before the Legislative Assembly of the existing Union territory of Mizoram.
Section 13 [Repealed].
[Amendment of Scheduled Castes Orders].—Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001).
Section 14 [Repealed].
[Amendment of Scheduled Tribes Orders.—(1) Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001).
Section 15 Common High Court for Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram.
(1) On and from the appointed day,—
(a) there shall be a common High Court for the States of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram to be called the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram) (hereinafter referred to as the common High Court);
(b) the Judges of the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura holding office immediately before that day shall, unless they have elected otherwise, become on that day the Judges of the common High Court.
(2) The expenditure in respect of the salaries and allowances of the Judges of the common High Court shall be allocated amongst the States of Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura and the Union in such proportion as the President may, by order, determine.
(a) there shall be a common High Court for the States of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram to be called the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram) (hereinafter referred to as the common High Court);
(b) the Judges of the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura holding office immediately before that day shall, unless they have elected otherwise, become on that day the Judges of the common High Court.
(2) The expenditure in respect of the salaries and allowances of the Judges of the common High Court shall be allocated amongst the States of Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura and the Union in such proportion as the President may, by order, determine.
Section 16 Provision as to advocates.
(1) On and from the appointed day,—
(a) in the Advocates Act, 1961 (25 of 1961), in section 3 in sub-section (1), for clause (b), the following clause shall be substituted, namely:—
"(b) for the States of Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura and the Union territory of Arunachal Pradesh, to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram;"
(b) the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripua shall be deemed to be the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram
(2) Any person who, immediately before the appointed day, is an advocate entitled to practise in the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura, shall be entitled to practise as an advocate in the common High Court.
(3) All persons who, immediately, before the appointed day, are advocates on the roll of the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, shall as from that day, become advocates on the roll of the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram.
(4) The right of audience in the common High Court shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura:
Provided that as among the Advocates-General of the States of Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura, the right of audience shall be determined with reference to their dates of enrolment as advocates.
(a) in the Advocates Act, 1961 (25 of 1961), in section 3 in sub-section (1), for clause (b), the following clause shall be substituted, namely:—
"(b) for the States of Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura and the Union territory of Arunachal Pradesh, to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram;"
(b) the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripua shall be deemed to be the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram
(2) Any person who, immediately before the appointed day, is an advocate entitled to practise in the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura, shall be entitled to practise as an advocate in the common High Court.
(3) All persons who, immediately, before the appointed day, are advocates on the roll of the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, shall as from that day, become advocates on the roll of the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram.
(4) The right of audience in the common High Court shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura:
Provided that as among the Advocates-General of the States of Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura, the right of audience shall be determined with reference to their dates of enrolment as advocates.
Section 17 Practice and procedure in the common High Court.
Subject to the provisions of this Part, the law in force immediately before the appointed day with respect to practice and procedure in the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura shall, with the necessary modifications, apply in relation to the common High Court.
Section 18 Custody of seal of the common High Court.
The law in force immediately before the appointed day with respect to the custody of the Seal of the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura shall, with the necessary modifications, apply with respect to the custody of the seal of the common High Court.
Section 19 Form of writs and other processes.
The law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura shall, with necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the common High Court.
Section 20 Powers of Judges.
The law in force immediately before the appointed day with respect to the powers of the Chief Justice, single Judges and division courts of the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura and with respect to all matter, ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the common High Court.