The State of Mizoram Act, 1986
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 21 Principal seat and other places of sitting of the common High Court.
(1) The principal seat of the common High Court shall be at the same place at which the principal seat of the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura is located immediately before the appointed day.
(2) The President may, by notified order, provide for the establishment of a permanent bench or benches of the common High Court at one or more places within the territories to which the jurisdiction of the High Court extends, other than the principal seat of the High Court, and for any matters connected therewith:
Provided that before issuing any order under this sub-section, the President shall consult the Chief Justice of the common High Court and the Governor of the State in which the bench or benches is or are proposed to be established.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judges and division courts of the common High Court may also sit at such other place or places in the States of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram as the Chief Justice may, with the approval of the Governor of the State concerned, appoint.
(2) The President may, by notified order, provide for the establishment of a permanent bench or benches of the common High Court at one or more places within the territories to which the jurisdiction of the High Court extends, other than the principal seat of the High Court, and for any matters connected therewith:
Provided that before issuing any order under this sub-section, the President shall consult the Chief Justice of the common High Court and the Governor of the State in which the bench or benches is or are proposed to be established.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judges and division courts of the common High Court may also sit at such other place or places in the States of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram as the Chief Justice may, with the approval of the Governor of the State concerned, appoint.
Section 22 Procedure as to appeals to Supreme Court.
The law in force immediately before the appointed day relating to appeals to the Supreme Court from the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura and the Judges and division courts thereof shall, with the necessary modifications, apply in relation to the common High Court.
Section 23 Transfer of proceedings from the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura to the common High Court.
(1) All proceedings pending in the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura immediately before the appointed day shall, from such day, stand transferred to the common High Court
(2) Every proceeding transferred under sub-section (1) shall be disposed of by the common High Court as if such proceeding was entertained by the High Court.
(2) Every proceeding transferred under sub-section (1) shall be disposed of by the common High Court as if such proceeding was entertained by the High Court.
Section 24 Interpretation.
For the purposes of section 23,—
(a) proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs; and
(b) references to a High Court shall be construed as including references to a Judge or division court thereof; and references to an order made by a court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or Judge.
(a) proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs; and
(b) references to a High Court shall be construed as including references to a Judge or division court thereof; and references to an order made by a court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or Judge.
Section 25 Right to appear or to act in proceedings transferred to the common High Court.
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 and was authorised to appear or to act in any proceedings transferred from the said High Court to the common High Court under section 23 shall have the right to appear or to act, as the case may be, in the common High Court in relation to those proceedings.
Section 26 Saving.
Nothing in this Part shall affect the application to the common High Court of any provisions of the Constitution, and this Part shall have effect subject to any provision that may be made on or after the appointed day with respect to that High Court by any Legislature or other authority having power to make such provisions.
Section 26A Non-applicability of this Part to the States of Meghalaya, Manipur and Tripura.
1[26A. Non-applicability of this Part to the States of Meghalaya, Manipur and Tripura.— On and from the date of commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, the provisions of sections 15 to 26 (both inclusive) shall not apply to the States of Meghalaya, Manipur and Tripura.]
1. Ins. by Act 26 of 2012, s. 12 (date to be notified).
Section 27 Authorisation of expenditure pending its sanction by the Legislature.
(1) The President may, at any time before the appointed day, authorise by order such expenditure from the Consolidated Fund of the State of Mizoram as he deems necessary for a period of not more than six months beginning with the appointed day, pending the sanction of such expenditure by the Legislative Assembly of the State of Mizoram:
Provided that the Governor of Mizoram may, after the appointed day, authorise by order such further expenditure as he deems necessary from the Consolidated Fund of the State of Mizoram for any period not extending beyond the said period of six months.
(2) The President or, as the case may be, the Governor of Mizoram shall make separate orders under sub-section (1) in respect of periods falling in different financial years.
Provided that the Governor of Mizoram may, after the appointed day, authorise by order such further expenditure as he deems necessary from the Consolidated Fund of the State of Mizoram for any period not extending beyond the said period of six months.
(2) The President or, as the case may be, the Governor of Mizoram shall make separate orders under sub-section (1) in respect of periods falling in different financial years.
Section 28 Reports relating to the accounts of the existing Union territory of Mizoram.
(1) The reports of the Comptroller and Auditor-General of India referred to in section 49 of the Government of Union Territories Act, 1963 (20 of 1963), relating to the accounts of the existing Union territory of Mizoram in respect of any period prior to the appointed day, shall be submitted to the Governor of Mizoram who shall cause them to be laid before the Legislative Assembly of the State.
(2) The Government may, by order,—
(a) declare any expenditure incurred out of the Consolidated Fund of the existing Union territory of Mizoram on any service in respect of any period prior to the appointed day during the financial year 1986-87 or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in sub-section (1) to have been duly authorised, and
(b) provide for any action to be taken on any matter arising out of the said reports.
(2) The Government may, by order,—
(a) declare any expenditure incurred out of the Consolidated Fund of the existing Union territory of Mizoram on any service in respect of any period prior to the appointed day during the financial year 1986-87 or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in sub-section (1) to have been duly authorised, and
(b) provide for any action to be taken on any matter arising out of the said reports.
Section 29 Allowances and privileges of Governor of Mizoram.
The allowances and privileges of the Governor of Mizoram shall, until provision in that behalf is made by Parliament by law under clause (3) of Article 158, be such as the President may, by order, determine.
Section 30 Distribution of revenues.
The President shall, by order, determine the grants-in-aid of the revenues of the State of Mizoram and the share of that State in the Union duties of excise, estate duty and taxes on income and for that purpose amend thereby the relevant provisions of the Additional Duties of Excise (Goods of Special (Importance) Act, 1957 (58 of 1957), the Union Duties of Excise (Distribution) Act, 1979 (24 of 1979), the Estate Duty (Distribution) Act, 1962 (9 of 1962) and the Constitution (Distribution of Revenues) Order, 1985 in such manner as he thinks fit.
Section 31 Property, assets, rights, liabilities, obligations, etc.
(1) All such property and assets within the existing Union territory of Mizoram as are held immediately before the appointed day by the Union for purposes of governance of that Union territory shall, on and from that day, pass to the State of Mizoram unless the purposes for which such property and assets are so held are Union purposes:
Provided that the cash balances in the treasuries in the Union territory of Mizoram before the appointed day shall, as from that day, vest in the State of Mizoram.
(2) All rights, liabilities and obligations (other than those relatable to, or in connection with, a Union purpose), whether arising out of any contract or otherwise, which are, immediately before the appointed day,—
(a) the rights, liabilities and obligations of the Central Government arising out of, or in connection with, the governance of the Union territory of Mizoram; or
(b) the rights, liabilities and obligations of the Administrator of the existing Union territory of Mizoram in his capacity as such, or of the Government of that Union territory,
shall, on and from the appointed day, be the rights, liabilities and obligations of the Government of the State of Mizoram.
(3) The right to recover arrears of—
(a) any tax or duty being a tax or duty enumerated in the State List in the Seventh Schedule to the Constitution; or
(b) any duty referred to in article 268; or
(c) any tax under the Central Sales Tax Act, 1956 (74 of 1956),
which have fallen due in the existing Union territory of Mizoram shall pass to the State of Mizoram.
(4) The provisions of this section shall not apply to or in relation to,—
(a) any institution, undertaking or project the expenditure in relation to which is immediately before the appointed day, met from and out of the Consolidated Fund of India;
(b) any property which has been placed by the Union at the disposal of the administration of the existing Union territory of Mizoram subject to the condition that the ownership thereof will continue to vest in the Union.
Explanation.—For the purposes of this section—
(a) "liability" includes liability in respect of any civil deposit, local fund deposit, charitable or other endowment, provident fund account, pension or actionable wrong;
(b) "Union purposes" means the purposes of Government relatable to any of the matters mentioned in the Union List.
Provided that the cash balances in the treasuries in the Union territory of Mizoram before the appointed day shall, as from that day, vest in the State of Mizoram.
(2) All rights, liabilities and obligations (other than those relatable to, or in connection with, a Union purpose), whether arising out of any contract or otherwise, which are, immediately before the appointed day,—
(a) the rights, liabilities and obligations of the Central Government arising out of, or in connection with, the governance of the Union territory of Mizoram; or
(b) the rights, liabilities and obligations of the Administrator of the existing Union territory of Mizoram in his capacity as such, or of the Government of that Union territory,
shall, on and from the appointed day, be the rights, liabilities and obligations of the Government of the State of Mizoram.
(3) The right to recover arrears of—
(a) any tax or duty being a tax or duty enumerated in the State List in the Seventh Schedule to the Constitution; or
(b) any duty referred to in article 268; or
(c) any tax under the Central Sales Tax Act, 1956 (74 of 1956),
which have fallen due in the existing Union territory of Mizoram shall pass to the State of Mizoram.
(4) The provisions of this section shall not apply to or in relation to,—
(a) any institution, undertaking or project the expenditure in relation to which is immediately before the appointed day, met from and out of the Consolidated Fund of India;
(b) any property which has been placed by the Union at the disposal of the administration of the existing Union territory of Mizoram subject to the condition that the ownership thereof will continue to vest in the Union.
Explanation.—For the purposes of this section—
(a) "liability" includes liability in respect of any civil deposit, local fund deposit, charitable or other endowment, provident fund account, pension or actionable wrong;
(b) "Union purposes" means the purposes of Government relatable to any of the matters mentioned in the Union List.
Section 32 Provision relating to All India Services.
Every member of the Indian Administrative Service, the Indian Police Service and the Indian Forest Service who, immediately before the appointed day, is holding any post in the existing Union territory of Mizoram shall, until otherwise directed by the Central Government, be deemed to be on deputation, on and from the appointed day, to the Government of the State of Mizoram on the same terms and conditions of service as are applicable to him under the relevant cadre rules:
Provided that the period of such deputation shall in no case extend beyond a period of three years from the appointed day.
Explanation.—In this section, "cadre rules" means the Indian Administrative Service (Cadre) Rules, 1954, the Indian Police Service (Cadre) Rules, 1954 or the Indian Forest Service (Cadre) Rules, 1966, as the case may be.
Provided that the period of such deputation shall in no case extend beyond a period of three years from the appointed day.
Explanation.—In this section, "cadre rules" means the Indian Administrative Service (Cadre) Rules, 1954, the Indian Police Service (Cadre) Rules, 1954 or the Indian Forest Service (Cadre) Rules, 1966, as the case may be.
Section 33 Provisions relating to other services.
(1) Every person who immediately before the appointed day is serving in connection with the affairs of the Union under the administrative control of the Administrator of the Union territory of Mizoram shall, unless otherwise directed by an order of the Central Government, be deemed to have been allocated for service as from that day in connection with the affairs of the State of Mizoram:
Provided that no directions shall be issued under this section after the expiry of a period of one year from the appointed day.
(2) The provisions of this section shall not apply in relation to persons to whom the provisions of section 32 apply.
Provided that no directions shall be issued under this section after the expiry of a period of one year from the appointed day.
(2) The provisions of this section shall not apply in relation to persons to whom the provisions of section 32 apply.
Section 34 Other provisions as to services.
(1) Nothing in this section or section 33 shall be deemed to affect on or after the appointed day the operations of the provisions of Chapter I of Part XIV of the Constitution in relation to determination of the conditions of service of persons serving in connection with the affairs of the State of Mizoram:
Provided that the conditions of service applicable immediately before the appointed day in the case of any person referred to in section 33 shall not be varied to his disadvantage except with the previous approval of the Central Government.
(2) All services prior to the appointed day rendered by a person deemed to have been allocated under section 33 in connection with the administration of the Union territory of Mizoram, shall be deemed to have been rendered in connection with the affairs of the State of Mizoram for the purposes of the rules regulating his conditions of service.
Provided that the conditions of service applicable immediately before the appointed day in the case of any person referred to in section 33 shall not be varied to his disadvantage except with the previous approval of the Central Government.
(2) All services prior to the appointed day rendered by a person deemed to have been allocated under section 33 in connection with the administration of the Union territory of Mizoram, shall be deemed to have been rendered in connection with the affairs of the State of Mizoram for the purposes of the rules regulating his conditions of service.
Section 35 Provisions as to continuance of officers in same posts.
Every person who immediately before the appointed day, is holding or discharging the duties of any post or office in connection with the affairs of the Union territory of Mizoram shall continue to hold the same post or office and shall be deemed, on and from that day, to have been duly appointed to the post or office by the Government of, or other appropriate authority in, the State of Mizoram on the same terms and conditions of appointment and on the same tenure as he was holding the post or office immediately before that day:
Provided that nothing in this section shall be deemed to prevent a competent authority on or after the appointed day from passing in relation to such person any order affecting his continuance in such post or office.
Provided that nothing in this section shall be deemed to prevent a competent authority on or after the appointed day from passing in relation to such person any order affecting his continuance in such post or office.
Section 36 Advisory Committees.
The Central Government may, by order, establish one or more Advisory Committees for the purpose of assisting it in regard to—
(a) the discharge of its functions under this Part; and
(b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this Part and the proper consideration of any representations made by such persons.
(a) the discharge of its functions under this Part; and
(b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this Part and the proper consideration of any representations made by such persons.
Section 37 Prohibition of representation after certain period.
Notwithstanding anything to the contrary contained in any law or rule for the time being in force, no representation shall lie against any order passed under the provisions of this Part on the expiry of three months from the date of publication or service, whichever is earlier, of such order:
Provided that the Central Government may, suo motu or otherwise and for reasons to be recorded, re-open any matter and pass such orders thereon as may appear to it to be appropriate if it is satisfied that it is necessary so to do in order to prevent any miscarriage of justice to any affected person.
Provided that the Central Government may, suo motu or otherwise and for reasons to be recorded, re-open any matter and pass such orders thereon as may appear to it to be appropriate if it is satisfied that it is necessary so to do in order to prevent any miscarriage of justice to any affected person.
Section 38 Power of Central Government to give directions.
The Central Government may give such directions to the Government of the State of Mizoram as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this Part and the State Government shall comply with such directions.
Section 39 [Repealed].
[[Amendment of Article 210, Article 239A, Article 240, Article 244, the Fifth Schedule and the Sixth 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).