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STATE OF MIZORAM ACT

Ministry of Law and Justice

Act nº 34 of 1986


  • Part I
  • Part II
  • Part III
  • Part IV
  • Part V
  • Part VI
  • Part VII
  • Part VIII
  • Schedules
  • Act nº 34 of 1986

Preamble

THE STATE OF MIZORAM ACT, 1986

[Act, No. 34 of 1986]

[14th August, 1986]

PREAMBLE

An Act to provide for the establishment of the State of Mizoram and for matters connected therewith.

BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows :--

Part I

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" means the day1which 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. 20-2-87.


Part 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. Amendment of First Schedule to the Constitution

On and from the appointed day, in the First Schedule to the Constitution,--

(a) under the heading "I. THE STATES", after entry 22, the following entry shall be inserted, namely :--

"23. Mizoram The territories specified in section 6 of the North-Eastern Areas (Reorganization) Act, 1971."

(b) under the heading "II. THE UNION TERRITORIES", entry 8 relating to Mizoram shall be omitted and entry 9 shall be renumbered as entry 8.

Part III

Section 5. Amendment of Fourth Schedule to the Constitution

On and from the appointed day, in the Fourth Schedule to the Constitution, in the Table,--

(a) entries 23 and 24 shall be re-numbered as entries 24 and 25 respectively, and before entry 24 as so re-numbered, the following entry shall be inserted, namely :--

"23. Mizoram ..... 1";

(b) entry 25 shall be omitted.

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.

Section 7. Amendment of section 27A of Act 43 of 1950

On and from the appointed day, in section 27 A of the Representation of the People Act, 1950, in sub-section (4), the word "Mizoram" shall be omitted.

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 Suite 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, 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.

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 (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, 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 sh

(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.