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.
7. [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).
The House of the People
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.
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.
The Legislative Assembly
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.
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 propos-
als, 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
4
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.
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.
13. [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).
14. [Amendment of Scheduled Tribes Orders].—
(1) Rep. by s. 2 and the First Schedule, ibid.
(w.e.f. 3-9-2001).
PART IV
HIGH COURT
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.
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.
5
(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.
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.
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.
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.
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.
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.
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.
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.
6
(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.
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.
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.
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.
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.]
PART V
AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES
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.
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.
1. Ins. by Act 26 of 2012, s. 12 (date to be notified).
7
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.
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.
PART VI
ASSETS AND LIABILITIES
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.
8
PART VII
PROVISIONS AS TO SERVICES
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.
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.
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.
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.
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.
9
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.
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.
PART VIII
LEGAL AND MISCELLANEOUS PROVISION
39. [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).
40. [Amendment of Act 28 of 1958].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001).
41. [Amendment of Act 20 of 1963].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001).
42. [Amendment of Act 84 of 1971].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001).
43. Continuance of existing laws and their adaptations.—
(1) All laws in force, immediately before
the appointed day, in the existing Union territory of Mizoram shall continue to be in force in the State of
Mizoram until altered, repealed or amended by a competent Legislature or other competent authority.
(2) For the purpose of facilitating the application in relation to the State of Mizoram of any law made
before the appointed day, the appropriate Government may, within two years from that day, by order,
make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be
necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and
modifications so made until altered, repealed or amended by a competent Legislature or other competent
authority.
Explanation.—In this section, the expression “appropriate Government” means, as respects any law
relating to a matter enumerated in the Union List in the Seventh Schedule to the Constitution, the Central
Government, and as respects any other law, the Government of the State of Mizoram.
44. Power to construe laws.—Notwithstanding that no provision or insufficient provision has been
made under section 43 for the adaptation of a law made before the appointed day, any court, tribunal or
authority required or empowered to enforce such law may, for the purpose of facilitating its application in
relation to the State of Mizoram, construe the law in such manner not affecting the substance as may be
necessary or proper in regard to the matter before the court, tribunal or authority, as the case may be.
45. Provisions as to continuance of courts, etc.—All courts and tribunals and all authorities
discharging lawful functions throughout the existing Union territory of Mizoram or any part thereof
immediately before the appointed day shall, unless their continuance is inconsistent with the provisions of
this Act or until other provision is made by a competent legislature or other competent authority, continue
to exercise their respective functions.
46. Effect of provisions of Act inconsistent with other laws.—The provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in any other law.
47. Power to remove difficulties.—
(1) If any difficulty arises in giving effect to the provisions of
this Act, the President may, by order, do anything not inconsistent with such provisions which appears to
him to be necessary or expedient for the purpose of removing the difficulty.
(2) Every order made under this section shall be laid before each House of Parliament.
10
48. Power to make rules.—
(1) The Central Government may, by notification in the Official Gazette,
make rules to give effect to the provisions of this Act.
(2) Every rule made under the 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 thirty days which may be comprised in one
session or in two or more successive sessions, and it, before the expiry of the session immediately
following the session or the successive sessions aforesaid both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.
[THE FIRST SCHEDULE].—Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2 and
the First Schedule (w.e.f. 3-9-2001).
[THE SECOND SCHEDULE].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001).
[THE THIRD SCHEDULE].—Rep. by
