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Mizoram Legislative Assembly

Mizoram Legislative Assembly
9th Assembly

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Mizoram Legislative Assembly
Mizoram Legislative Assembly
9th Assembly

Resolutions


# Subject Member Name Receipt Date Discussion Date Remarks
1 "Kan Chief Minister zahawmtak hmalakna a Tuirial Hydel Project tih thuanawp tawh tharthawh leh a lo ni ta hi he House hian lawmawm a ti" P & E Pu R. Lalrinawma 17/09/2010 N/A
2 "Infiamna lama Mizoram thalaite hmasawnna atana kan Sawrkar hmalakna hi lawmawm kan ti" SPORTS Pu K. Lianzuala 17/09/2010 N/A
3 "Kan Sawrkar chak tak hmalakna a infiammite hmasawnna tura kan Sawrkar hmalakna hi lawmawm kan ti" SPORTS Pu K. Lalrinthanga 17/09/2010 N/A
4 "Kan Sawrkar chak tak hmalakna a infiammite hmasawnna tura kan Sawrkar hmalakna hi lawmawm kan ti" SPORTS Pu lalrobiaka 17/09/2010 N/A
5 "Tuirial Hydel Project hluihlawn tawh hnu kan Chief Minister zahawm tak Pu Lalthanhawla hmalakna avanga thar thawh leh a lo ni ta hi lawmawm kan ti" P & E Pu Lalrobiaka 17/09/2010 N/A
6 "Infiamna lama Mizoram thalaite hmasawnna atana kan Sawrkar hmalakna hi lawmawm kan ti" SPORTS Pu R.L Pianmawia 17/09/2010 N/A
7 "Kan Chief Minister zahawm tak hmalakna a zarah Tuirial Hydel Project tih thuanawp tawh tharthawh leh alo ni ta hi he House hian lawmawm a ti" P & E Pu R.L Pianmawia 17/09/2010 N/A
8 "Infiamna lama Mizoram thalaite hmasawnna atana kan Sawrkar hmalakna hi lawmawm kan ti" SPORTS & YOUTH SERVICES Pu T.T Zothansanga 17/09/2010 N/A
9 "Kan Chief Minister zahazwm tak hmalakna a zarah Tuirial Hydel Project tih thuanawp tawh thar thawh leh a lo ni ta hi he House hian lawmawm a ti" P & E Pu T.T Zothansanga 17/09/2010 N/A
10 "Thalaite tana Zoramthar siam tura infiamna kawnga kan sawrkar hmalakna hi a lawmawm kan ti" SPORTS & YOUTH SERVICES Pu Joseph Lalhimpuia 17/09/2010 N/A
11 "Mizoram Sorkar hnuaia Corporation (Govt undertaking) panga (5) awm MIFCO, ZOHANCO, ZIDCO,MAMCO leh ZENICS te hian chak zawk a hma ansa wn theih nan kan sawrkar hian a zirchiang tur (study team) siamin hma la rawh se" INDUSTRIES Pu K. Liantlinga 16/09/2010 N/A
12 The name of Chawngte Civil Sub-Division be changed into Kamalanagar Civil Sub-Division" G A D Pu Nirupam Chakma 05/03/2010 N/A
13 “WHEREAS to eliminate the denominating practice of employment of manual scavengers and for protecting and improving the human environment, to make it obligatory to convert dry latrine into water-seal latrines or to construct water-seal latrines in new constructions, the Central Government has got enacted the Employment of Manual Scavengers and Construction of dry Latrine (Prohibition) Act, 1993, in the circumstances mentioned in the preamble to the said Act; AND WHEREAS under clause (1) of Article 252 of the Constitution, resolutions had been passed by all the Houses of the Legislatures of the States of Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura and West Bengal that the matters aforesaid should be regulated in those States by the Parliament by law, and accordingly, the said Central Act stood automatically applied to those States only at the first instance; 2 AND WHEREAS sub-sections (2) and (3) of Section 1 of the said Act provide as follows: “(2) It applies in the first instance to the whole of the State of Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura and West Bengal and to all the Union territories and it shall also apply to such other State which adopts-this Act by resolution passed in that behalf under clause (1) of article 252 of the Constitution. (3) It shall come into force in the States of Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura and West Bengal and in the Union territories on such date as the Central Government may, by notification, appoint and in any other State which adopts this Act under clause (1) of article 252 of the Constitution, on the date of such adoption”; AND WHEREAS a writ-Petition with no.W.P(C) 583 of 2003 was filed in the Hon’ble Supreme Court of India by Safai Karmachari Andolan and others against Union of India and all States & Union Territories, praying, inter alia, for directing the Respondent StateGovernments which did not adopt the said Act, “to explain on affidavit the steps taken by their respective Legislatures to pass appropriate resolution under Article 252 of the Constitution for adopting the Act”; AND WHEREAS by their order dt.11/12/2007 in the said Writ-Petition, the Hon’ble Supreme Court observed and directed as follows: “It has been brought to the notice that the State of Jammu and Kashmir, Nagaland, Himachal Pradesh, Manipur, Meghalaya, Sikkim, Mizoram, Arunachal Pradesh, Delhi and U.T. of Chandigarh have not adopted the employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. The concerned States and U.T. shall file affidavit explaining the reasons for non-adoption of the Act in their respective States”; AND WHEREAS in the above-premises and for the purpose of adoption of the said Act, it becomes absolutely necessary to move a Resolution in this august Assembly under clause (1) of article 252 read with article 371-G of the Constitution; Now, therefore, the Sixth Mizoram Legislative Assembly in its Tenth Session do resolve as follows :- 3 “That the Employment of Manual Scavengers and Construction of Dry Latrine (Prohibition) Act, 1993 stands applied in the whole State of Mizoram”. Pu Lalthanhawla 28/03/2012 28/03/2012
14 “That the Gram Nyayalayas Act, 2008 (Central Act no. 4 of 2009) stands applied to the State of Mizoram except in the areas comprising the Autonomous Districts of Lai, Mara and Chakma, with effect from 02nd day of October, 2009”. Pu Lalsawta 20/10/2009 22/10/2009
15 ““WHEREAS elimination of dry latrines and manual scavenging, and the rehabilitation of manual scavengers in alternative occupations has been an area of high priority for the Government. Towards this end the Central Government had enacted the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. AND WHEREAS consequent upon the enactment of the said Central Act, under clause (1) of Article 252 of the Constitution of India, resolutions had been passed by all Houses of Legislatures of the states of Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura and West Bengal for the adoption and regulation of the said Central Act by the Parliament by law; and accordingly, the said Central Act stood automatically applied in those states in the first instance. AND WHEREAS sub-sections (2) and (3) of Section 1 of the said Central Act provide that: “(2) It applies in the first instance to the whole of the States of Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura and West Bengal and to all the Union Territories and it shall also apply to such other State which adopts this Act by resolution passed in that behalf under clause (1) of Article 252 of the Constitution. “(3) It shall come into force in the States of Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura and West Bengal and in the Union Territories on such date as the Central Government may, by notification, appoint and in any other State which adopts this Act under clause (1) of Article 252 of the Constitution, on the date of such adoption.” AND WHEREAS a writ petition W.P (C) No. 583 of 2003 was filed in the Hon’ble Supreme Court of India by Safai Karamchari Andolan and others against Union of India and all States and Union Territories, praying, inter alia, for directing the Respondent State Governments which had not adopted the said Central Act ‘to explain on affidavit the steps taken by their respective Legislatures to pass appropriate resolution under Article 252 of the Constitution of India for adopting the said Central Act’. AND WHEREAS by its order dt. 11.12.2007 in the said Writ Petition, the Hon’ble Supreme Court observed and directed as follows: “It has been brought to our notice that the states of Jammu and Kashmir, Nagaland, Himachal Pradesh, Manipur, Meghalaya, Sikkim, Mizoram, Arunachal Pradesh, Delhi and U.T. of Chandigarh have not adopted the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. The concerned States and U.T. shall file affidavit explaining the reasons for non-adoption of the Act in their respective States.” AND WHEREAS in pursuance of the directive of the Hon’ble Supreme Court, the Sixth Mizoram Legislative Assembly in its tenth Session moved and passed a resolution for the adoption of the said Central Act in the whole state of Mizoram. AND WHEREAS taking into consideration the continued prevalence of manual scavenging, the Parliament has recently enacted a new Central Act viz. “The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013” (Central Act No. 25 of 2013). This Act, inter alia, has provision for elimination of insanitary latrines and complete prohibition of employment of manual scavengers. The provisions in the new Act encompass those in the previous Central Act of 1993. AND WHEREAS Section 3 of The Prohibition of Employment as Manual Scavengers and their rehabilitation Act, 2013 stipulates that: “The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 or in any instrument having effect by virtue of any other law.” AND WHEREAS the Central Act of 1993 has now outlived its utility and may, consequently, be repealed. AND WHEREAS Section (2) of Article 252 of the Constitution of India provides that: “Any Act so passed by Parliament may be amended or repealed by an Act of parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State.” Now, therefore, as required under Article 252 of the Constitution of India, the Seventh Mizoram Legislative Assembly in its Sixth Session proposes to resolve as follows: “That the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 stands repealed in the whole State of Mizoram.” Pu Zodintluanga 23/06/2015 09/07/2015
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