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North Eastern Areas (Reorganisation) (Mizoram) Adaptation of Laws Order, 1972

Published vide Mizoram Gazette, Part 2, dated 28-4-1972

Last Updated 19th February, 2020 [miz025]


Whereas by Section 79 of the North-Eastern Area (Reorganisation) Act, 1971 (81 of 1971), the Central Government is empowered, by order, to make adaptations and modification of law in relation to the Union Territory of Mizoram, as may be necessary or expedient for the purpose of facilities, the application of such law in relation to that Union Territory:

Now, therefore, in exercise of the powers conferred by the said Section 79, the Central Government hereby makes the following Order, namely-

1. (1) This order may be called the North-Eastern Areas (Re-organisation) (Mizoram), Adaptation of Laws Order, 1972.

(2) It shall be deemed to have come into force on the 21st day of January, 1972.

2. (1) In this Order, "Appointed day" means the 21st day of January, 1972.

(2) The General Clauses Act, 1897, applies for the interpretation of this Order as it applies for the interpretation of a Central Act.

3. As from the appointed day, the Rules mentioned in the Schedule to this Order shall, until altered, repealed or amended by a competent authority, have effect subject to the adaptations and modifications directed by the Schedule.

4. Whenever an expression mentioned in Column-I of the Table below occurs (otherwise than in a preamble) in any of the Rules mentioned in the Schedule to this Order, then, in the application of such Rules to the Union Territory of Mizoram, or, as the case may be, to any part thereof, unless the expression is by this Order expressly directed to be otherwise adapted or modified, or unless the context otherwise requires, there shall be substituted therefor the or modified, or unless the context otherwise requires, there shall be substituted therefor the expression set opposite to it in column '2' of the said Table, and there shall also be made in any sentence in which that expression occurs, such consequential amendments as the Rules of grammar may require.

Table

1

2

Governor of Assam Governor

Administrator

5. Where this Order requires that in any of the Rules mentioned in the Schedule to this Order certain words shall be substituted for certain other words, that substitution shall except where it is otherwise expressly provided, be made wherever the words referred to occurs in such Rules.

The Schedule

A. Rules for the Regulation of the procedure of Officers appointed to administer Justice in the Lushai Hills, made on the 25th March, 1937 under Section '6' of the Scheduled Districts Act, 1874 (14 of 1874):

Renumber Rule 1 as Rule 1A and before the Rule as so renumbered insert:

1. Rule 1: In this Rules "Administrator" means the Administrator of the Union Territory of Mizoram, appointed by the President under Article 239 of the Constitution."

Rule 9: For "Assam High Court" wherever occurring, substitute Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur & Tripura)"

Rule 21: For "Specified in items 1 and 2 of Part-I-Assam of the Schedule to the Constitution (Scheduled Tribes) Order, 1950", substitute: "specified in Part-II-Mizoram, of the Schedule to the Constitute (Scheduled Tribes) (Union Territories) Order 1951"

B. The Assam Autonomous Districts (Constitution of District Councils) Rules, 1951.

Rules 2(i): Renumber Clause (1) as Clause (1A), and before the Clause as so renumbered, insert-

(i) "Administrator" means the Administrator of the Union Territory of Mizoram appointed by the President under Article 239 of the Constitution".

(ii) For Clause (12), substitute-

(12) "Gazette" means the Mizoram Gazette;

(iii) Omit Clause (12).

(iv) for Clause (19), substitute-

(19) "Scheduled Tribes" means the tribe or tribes specified in Part II-Mizoram of the Schedule to the Constitution (Schedule Tribe) (Union Territories) Order, 1951.

(v) for Clause (21) substitute-

(21) "Secretary, Tribal Areas' means the Chief Secretary to the Government of the Union Territory of Mizoram or any other officer when the Administrator may nominate in this behalf":

Rule 17: In sub-rule (1) for "Government of any State", wherever occurring, substitute "Government of a State or Union Territory".

Rule 40: In sub-rule (2)-

1. in clause (i), for-

"any Governor (as distinct from the Government of which he is the head)', substitute-

    "any Governor of a State or Administrator of Union Territory (as distinct from the Government of the State or the Government of the Union Territory or the Union Territory Administration, as the case may be)".

2. In Clause (iii), for "the Union or any State or Union Territory".

Rule 55: For "State Government", substitute "Government of the Union Territory of Mizoram".

Rule 108: Omit Rule 108.

Rule 128: In the proviso to sub-rule (1), Omit "specified in item I of Part-I Assam, of the Schedule to the Constitution (Scheduled Tribes) Order, 1950."

Rules 166, 169 & 180: For "Secretary to the Government of Assam, Tribal Areas Department, "wherever occurring, substitute- "Secretary, Tribal Areas".

C. The Lushai Hills Autonomous District (Administration of Justice) Rules, 1953.

Rule 2 (i) : Re-letter Clause (a) as Clause (aa), and before the Clause so re-lettered, insert-

(a) "Administrator" means the Administrator of the Union Territory of Mizoram appointed by the President under Article 239 of the Constitution".

(ii) for Clause (d) substitute-

(d) "Gazette;"

(iii) Omit Clause (f);

(iv) for Clause (g), substitute-

(g) "High Court means the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura)";

(v) for Clause (h) substitute-

(h) "Schedule Tribe or Tribes" means the tribe or tribes specified in part-II Mizoram, of the Schedule to the Constitution (Schedule p Tribes) (Union Territories) Order 1951.

D. The Pawi-Lakher Autonomous Region (Administration of justice) Rules, 1951

Rule 2 (i): Re-letter Clause (a) as Clause (aa), and before the clause so re-lettered, insert-

(a) 'administrator' means the administrator of the Union territory of Mizoram appointed by the President under Article 239 of the Constitution".

(ii) For Clause (e), substitute-

(e) "Gazette" means the Mizoram Gazette.

(iii) Omit Clause (f).

(iv) For Clause (g) Substitute "High Court" means the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura)".

(v) For Clause (k) substitute-

"(g) "Scheduled tribe or tribes" means the tribe or tribes specified in Part II-Mizoram, of the Schedule to the Constitution (Scheduled tribes) (Union Territories) Order, 1951."

E. The Pawi-Lakher Autonomous Region (Constitution and conduct of Business of the Regional Council) Rules, 1963

Rule 2: (i) Re-number Clause (1) as Clause (1A), and before the Clause so renumbered, insert-

"Administrator" means the Administrator of the Union Territory of the Mizoram appointed by the President under Article 239 of the Constitution".

(ii) For Clause (ii), substitute-

(iii) "Gazette".

(iv) Omit Clause (12).

(v) For Clause (13), substitute-

"(13) "Scheduled tribe or tribes" means the tribe or tribes specified in Part II-Mizoram, of the Schedule to the Constitution (Schedule tribes) (Union Territories) Order, 1951".

Rule 36: In Clause (i) of sub-rule (2) for "any Governor (as district from the Government of which he is the head", substitute-

"any Governor of a State or Administrator for the Union Territory (as distinct from the Government of the State or the Government of the Union Territory or the Union Territory Administration, as the case may be)".

Rule 110: For the proviso to sub-rule Substitute-

"Provided that a person not belonging to a scheduled tribe shall not be entitled to so vote unless he is permanently resident within the territorial limits of the said region".

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