Mizoram · Act 6 of 2022

MIZO LANGUAGE DEVELOPMENT BOARD ACT 2022

MIZO LANGUAGE DEVELOPMENT BOARD ACT 2022 AN ACT to provide for establishment of Mizo Language Development Board to have absolute authority on the development, promotion, preservation and enrichment of Mizo Language and literature and to undertake any other matters connected therewith or incidental thereto. It is enacted by the Legislative Assembly of Mizoram in the Seventy Third year of the Republic of India as follows, namely :- CHAPTER I PRELIMINARY (1) This Act may be called Mizo Language Development Board Act, 2022 (2) It shall extend to the whole of Mizoram. (3) It shall come into force on the date of publication in the Official Gazette.

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                                                   -1-                                       Ex-185/2022




               The Mizoram Gazette
                                     EXTRA ORDINARY
                          Published by Authority
RNI No. 27009/1973                                  Postal Regn. No. NE-313(MZ) 2006-2008
 VOL - LI Aizawl, Thursday               31.03.2022 Chaitra 10, S.E. 1944, Issue No. 185
                                          NOTIFICATION




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No. H.12018/266/2022-LJD, the 29th March, 2022:           The following Act is hereby published for general

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information.
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                               “Mizo Language Development Board Act, 2022”
                                           (Act No. 6 of 2022)
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                     (Received the assent of the Governor of Mizoram on 15.3.2022)


                       MIZO LANGUAGE DEVELOPMENT BOARD ACT 2022

                                                   AN
                                                   ACT

         to provide for establishment of Mizo Language Development Board to have absolute authority
on the development, promotion, preservation and enrichment of Mizo Language and literature and to
undertake any other matters connected therewith or incidental thereto.
         It is enacted by the Legislative Assembly of Mizoram in the Seventy Third year of the Republic of
India as follows, namely :-

                                                     CHAPTER I
                                                    PRELIMINARY

1.   Short title, extent and       (1) This Act may be called Mizo Language Development Board Act,
     Commencement.-                    2022
                                   (2) It shall extend to the whole of Mizoram.
                                   (3) It shall come into force on the date of publication in the Official
                                       Gazette.

2.   Definitions.-                 In this Act, unless the context otherwise requires-
                                   (a) “Board” means the Mizo Language Development Board established
                                        under this Act;
Ex-185/2022                                     -2-

                               (b) “Central Rules” means the Central Civil Services (Classification,
                                   Control, and Appeal) Rules 1965, the Central Civil Services (Conduct)
                                   Rules 1972, the Central Civil Service (Temporary Service) Rules
                                   1965 and the Fundamental Rules and the Subsidiary Rules and such
                                   other Rules of the Central and the State Government, as may be
                                   applicable to the employees of the Government of Mizoram;
                               (c) “Chairman” means the Chairman of the Board;
                               (d) “Controlling Authority” means any authority designated as
                                   Controlling Authority of the Board by the Government under
                                   sub-section (2) of Section 3;
                               (e) “Government” means the Government of Mizoram;
                               (f) “Secretary” means the Secretary of the Board.

                                                  CHAPTER II




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3.   Establishment.-           (1) On and from the commencement of this Act, the Government
                                   shall constitute an autonomous Board namely Mizo Language
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                                   Development Board.
                               (2) The Secretary to the Government of Mizoram, School Education
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                                   Department or such other authority as the Government may, by
                                   notification, empower shall be the controlling authority of the Board.
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                               (3) The Board shall be a body corporate with perpetual succession and
                                   a common seal and shall have the power to acquire and hold any
                                   property, to enter into contract and to all other things necessary for
                                   the purpose of carrying out its duties and functions and shall, by the
                                   said corporate name, sue and be sued.

4.   Constitution of the       (1) The Board shall consist of the following members:-
     Board.-                       (a) The Chairman of the Board.
                                   (b) The Secretary of the Board.
                                   (c) The Chairman, Mizoram Board of School Education... Ex-officio.
                                   (d) The Director, Art & Culture..... Ex-officio.
                                   (e) The Director, SCERT..... Ex-officio.
                                   (f) Two members from the Mizo Academy of Letters.
                                   (g) Two members from the Mizo Writers Association.
                                   (h) One representative of Mizoram University.
                                   (i) Two eminent persons.
                               (2) The Board shall have power to co-opt not more than two members
                                   from amongst distinguished educationists.
                               (3) The Board so constituted shall function as the Governing Body of
                                   the Board.

5. Term and tenure of office   (1) The term and tenure of office of the Chairman and all the nominated
                                   members shall be three years from the date of publication of the
                                   Notification:
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                                  Provided that the Government may, by notification, extend the term
                                  of office of all such members by a period not exceeding one year.
                              (2) Notwithstanding anything contained in sub-section (1), the term of
                                  office of out-going members shall be deemed to have been extended
                                  up to the date on which the newly nominated members are notified
                                  by the Government.
6.   Resignation, removal
     of members and casual    (1) A member of the Board, other than ex-officio members, may resign
     vacancy etc.-                his/her seat by giving notice to the Chairman in writing, and such
                                  member shall be deemed to have vacated his seat from the date of
                                  acceptance of his resignation by the Chairman.
                              (2) Any nominated or co-opted member who remains absent for three
                                  consecutive meetings of the Board without permission of the Board,
                                  shall be deemed to have vacated his seat from the Board and the
                                  Government shall have the right to nominate a member to fill up




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                                  such vacancy.
                              (3) In the event of casual vacancy occurring by resignation, removal,
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                                  death or disqualification of members, such vacancy shall be filled by
                                  nomination or co-option, as the case may be, in the manner provid-
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                                  ed in section 4; and such member shall hold office for the unexpired
                                  portion of the term of office of the member in whose place he or she
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                                  is nominated or co-opted.
7.   Meeting of the Board.-
                              (1) The Board shall meet at least once in a year.
                              (2) The Secretary, at the instance of the Chairman, may at any time call
                                  regular or special meeting of the Board.
                              (3) The Secretary, with the consent of the Chairman upon the requisition
                                  by not less than one-third of the members of the Board excluding the
                                  ex- officio members, shall call a special meeting of the Board within
                                  10 days from the date of the receipt of such requisition.
8.   Quorum.-
                              Seven members of the Board present at the Meeting shall form a quorum
                              of the Board meeting.

                                           CHAPTER III
                                  POWERS AND DUTIES OF THE BOARD

9.   Powers duties of the     The Board shall have the following powers and functions:
     Board.-                  (a) to work as an authority on the preservation, development and
                                  enrichment of Mizo Language;
                              (b) to publish books, journals and news letters on itself or through its
                                  agency;
                              (c) to award outstanding works on poetry, drama, novel and other
                                  creative works;
                              (d) to appoint experts, on payment of honorarium, to examine and
                                  comment upon a work assigned to them for the purpose and reason
                                  the Board may like to identify or notify;
Ex-185/2022                                  -4-

                            e)  to hold festival of letters and music, to sponsor and organize
                                seminars, symposium, debate, translation works on its own or
                                through an agency or on joint basis at the headquarters or at other
                                places where the Board deems it suitable and beneficial;
                            (f) to appoint and depute man of letters, prospective writers or a study
                                team in and outside the country for a specific (or definite) purpose
                                and time which the Board may deem fit;
                            (g) to sponsor project works like standardizing the sound system of
                                the Mizo language by assigning alphabet to a particular sound or
                                modifying the orthographic system aided by tonal marks, to modify
                                and reform mode of writing and punctuation;
                            (h) to undertake research works helpful for the growth and development
                                of Mizo language, literature and culture by producing Mizo
                                encyclopedia, standard dictionary, descriptive grammar of Mizo
                                tongue with scientific description of the language and such other




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                                related works;
                            (i) to establish a specialized library of language and literature equipped
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                                with modern technique of audio and visual media for recording
                                sound system and the movement of lips and tongue and such other
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                                necessary works;
                            (j) to assist needy writers on its own or through an appropriate agency
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                                in fulfillment of the objectives of the Board;
                            (k) to set up different committees or sub-committees and cells for
                                publication, research and documentation, grammar and codifying,
                                copyright and censorship, translation etc.

                                              CHAPTER IV
                                           Controlling Authority

10. Powers of Controlling   (1) The Controlling Authority shall have the right to address the Board
    Authority.-                 with reference to any of the works done by the Board and to commu-
                                nicate his views on any matter with which the Board is concerned.
                            (2) The Board shall report to the Controlling Authority such action, if
                                any, as it proposes to take or has taken upon its communications when
                                the Controlling Authority requires the Board to do any particular
                                work done by it.
                            (3) The Controlling Authority shall have the right to direct the Board
                                on certain issues, if in the opinion of the Controlling Authority such
                                direction is required and the Board shall have to comply with such
                                direction.

11. Dissolution.-           (1) Notwithstanding anything contained in the Act, the Government
                                shall have the power to dissolve the Board, if in its opinion the Board
                                has persistently made defaults in the performance assigned to it by
                                or under this Act.
                            (2) In the event of dissolution of the Board, all the members of the Board,
                                and its committees and sub-committees including the Chairman
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                                  shall cease to be members of the Board and shall be deemed to have
                                  vacated any of the offices of the Board held by them.
                              (3) The Government shall appoint the Chairman or administrator of
                                  the Board if and when the Board is dissolved under sub-section (2)
                                  of section 11 of the Act, provided a new Board shall be constituted
                                  within 4 months from the date of the dissolution of the Board.
                              (4) In consistence with the provision of the Act, the Government may
                                  issue direction as it may think fit and the Board shall comply with
                                  such directions.
                              (5) The Government may, by order in writing specifying the reason
                                  thereof, suspend the execution of the resolution or order of the
                                  Board, if the Government is of the opinion that such resolution,
                                  order or act is in excess of the power conferred upon by or under
                                  this Act.




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                                           CHAPTER V
                                  OFFICERS OF THE BOARD, THEIR
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                              APPOINTEMENT, POWERS AND FUNCTIONS
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12. Officers of the Board.-   The following shall be officers of the Board, namely :-
                                  (a) the Chairman
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                                  (b) the Secretary, and
                                  (c) such other officers as may be declared by the Board to be the
                                       officers of the Board.

13. Appointment,              (1) The Chairman shall be a whole-time officer appointed on contract
    qualifications, powers        basis by the Government on such terms and conditions as may be
    and functions of              prescribed.
    Chairman.-                (2) (a) To be the Chairman of the Board, a person must have at least a
                                        Master’s Degree from any recognized Indian University with a
                                        minimum of 20 years experience in the field of education.
                                  (b) The Chairman must be between 50 and 70 years of age, and the
                                        upper age limit may be extended by the Government in public
                                        interest.
                              (3) The Chairman shall be appointed for a term of three years at the
                                  first instance. The Government may, however, extend the contract if
                                  mutually agreed upon for a specific period it may deem fit, but the
                                  term of the Chairman shall not be extended except under special
                                  circumstances:
                                  Provided that the Government may, at any time, terminate the
                                  services of the Chairman if he functions in violation of the provisions
                                  of this Act or rules made thereunder.
                              (4) The Chairman may resign his office by giving notice in writing to the
                                  Government.
                              (5) It shall be the duty of the Chairman to see that the provision of this
                                  Act, the rules and the regulations made thereunder are faithfully
                                  observed and shall have all powers necessary for this purpose.
Ex-185/2022                                   -6-

                             (6) In case of emergency which, in the opinion of the Chairman,
                                 requires immediate attention and action, the Chairman, as he deems
                                 fit, shall take necessary action, and shall report his action to the
                                 Controlling Authority immediately and to the Board at its next
                                 meeting.
                             (7) The expenditure of the Board shall be incurred in his name and he
                                 shall have the power to sanction expenditure as per rules.

14. Appointments, powers     (1) The Secretary shall be a whole-time officer of the Board and shall be
    and functions of the         appointed by the Government on such terms and conditions as may
    Secretary.-                  be prescribed.
                             (2) The Secretary shall, subject to the control of the Board :-
                                 (a) be the administrative officer of the Board.
                                 (b) be responsible to ensure that the order of the Board are carried
                                      out; and




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                                 (c) have the power to enter into contract for and on behalf of the
                                      Board.
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                             (3) The Secretary shall be responsible to ensure that all the funds of the
                                 Board are spent for the purpose for which they are granted.
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                             (4) The Secretary shall prepare the annual financial statement of the
                                 Board.
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                             (5) The Secretary shall exercise such other powers as may be prescribed
                                 by regulations.
                             (6) The Secretary shall be responsible for keeping the minutes of the
                                 meeting of the Board.
                             (7) The Secretary shall have the right to be present and to speak at the
                                 Board meeting but shall not have the right to vote.
                             (8) All the action taken by the Secretary shall be subjected to the
                                 approval of the Chairman, and all the action taken between the two
                                 meetings of the Board shall be reported at the nearest next meeting
                                 of the Board for approval.

15. Powers of other                  Other officers of the Board shall have powers and duties as may
    officers.-               be prescribed by the rules of the Board.

16. Allowances etc. of                Members of the Board or any Committee or Sub-Committee
    members of the Boards,   constituted under this Act but are not in the service of the Government,
    Committees and Sub       shall, in respect of expenses incurred by them for attending meeting of
    Committees for           the Board, or of any such Committee or Sub-Committee, or in exercising
    attending at the Board   any power or performing any duties conferred or imposed on them by or
    Meeting etc.-            under this Act, be paid by the Board such allowances and as such rates as
                             may be prescribed.

17. Powers of the Board to   (1) Except in the cases where the Government is empowered to make
    make regulations.-           rules under this Act, the Board may make regulations for the
                                 purpose of carrying into effect the provision of this Act.
                                               -7-                                         Ex-185/2022

                             (2) In particular and without prejudice to generality of the foregoing
                                  power, such regulations may provide for all or any of the matters,
                                  namely:-
                                  (a) laying down the procedure to be observed for conduct of its
                                       meeting;
                                  (b) the constitution, power and duties of committee or sub-
                                       committees and such other body the Board may like to set up
                                       from time to time;
                                  (c) the creation of post and appointment of employees of the Board
                                       and the condition of their services;
                                  (d) the rates at which the Board shall pay allowance or honorarium
                                       to persons referred to in section 16; and other bodies or person
                                       the Board may like to set up or assign work or both in furtherance
                                       of this Act:
                                      Provided that the regulations made by the Board or any amend-




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                             ment thereto shall not take effect until such regulation or amendment
                             receive the approval of the Government.
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                                               CHAPTER VI
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                                           FINANCE AND AUDIT
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18. Preparation,             (1) The Chairman shall place before the annual meeting of the Board,
    presentation and              held in the year following the year in which it is established and be-
    sanction of budget of         fore annual meeting thereafter, report on the working of the Board
    the Board.-                   during the preceding financial year together with a budget estimate
                                  showing the anticipated income and expenditure of the Board during
                                  the financial year in which annual meeting is held.
                             (2) The budget estimate shall, after approval of the Board, be forwarded
                                  to the Government within such time as may be prescribed.
                             (3) The Government shall either accord its approval of the Budget
                                  estimate or return it to the Board with comments and suggestions, if
                                  any for resubmission.

19. Government Grant to              The Government may, after considering the budget estimates of
    the Board.-              the Board and such other reports as it may call for, make such annual and
                             periodical grants to it as may think fit.

20. Funds of the Board and   (1) The Board shall constitute funds as under:-
    use thereto.-                (a) Reserve fund, named Mizo Language Development Board
                                      Reserve Fund.
                                 (b) Grant in Aid (GIA) received from the Government.
                                 (c) Operational fund named Mizo Language Development Board
                                      Operational Fund.
                             (2) Interest occurring on all money held in the funds under sub-section
                                 (1) shall be transferred to the operational fund annually and shall be
                                 considered as annual income of the Board and taken into account in
                                 the preparation of the Board’s budget.
Ex-185/2022                                     -8-

                               (3) All sums representing income from endowments or property owned
                                   or managed by the Board shall be deposited in the Operational fund.
                               (4) All money payable to the credit of the Board funds shall forthwith
                                   be deposited with any of the scheduled banks to the credit of the
                                   relevant funds and all cheques drawn on the funds shall be signed by
                                   the drawing and disbursing officer so appointed by the Secretary and
                                   be presented for encashment after obtaining the counter signature of
                                   the Chairman.
                               (5) No expenditure shall be incurred from the relevant fund of the
                                   Board except for the purpose as provided under this Act, unless such
                                   expenditure is provided for in the Budget approved under this Act or
                                   can be met by re- appropriation in the prescribed manner.

21. Audit of Accounts.-        (1) The accounts of the Board shall be examined and audited annually
                                   by an auditor appointed by the Government, besides audit by the




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                                   Accountant General concerned as and when it so desires.
                               (2) The Secretary of the Board shall send a copy of the reports on
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                                   account audited to the Government within three weeks after the
                                   completion of the audit.
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                               (3) The Government shall take such action on the audit reports as it
                                   thinks fit.
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                                                  CHAPTER VII

22. Transitional provision.-            Any matter required to be provided by regulations under this Act
                               shall, until such regulations are made, be provided by rules under this
                               Act.

                                                   CHAPTER I

23. Amendment of the Act               Amendment of this Act may be initiated by the Board and it may
    and permanent dissolu-     submit the same to the Government and the Government may direct the
    tion.-                     Board to initiate such amendment if and when necessary.
                                       In the event of permanent dissolution of the Board, all the
                               properties of the Board shall be inherited by the concerned Government
                               department.

24. Power to make rules.-      (1) The Government may make rules for carrying out the provision of
                                   this Act.
                               (2) In particular, and without prejudice to the generality of the foregoing
                                   powers, such rules may provide for all or any of the following matters
                                   namely :-
                                   (a) the acquisition, possession and disposal of property by the
                                        Board, the condition of such acquisition, possession and disposal
                                        and the performance by the Board of any function referred to in
                                        sub-section (3) of section (3).
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                                       (b) Terms and conditions of appointment of the Chairman under
                                           section 13.
                                       (c) Terms and conditions of appointment of the Secretary under
                                           section 14.
                                       (d) the discipline relating to the officers and the staff of the Board;
                                           Provided that until such rules are made, the Board shall have the
                                           powers to adopt, extend and apply any Central or State rules to
                                           the employees of the Board as it may think fit;
                                       (e) Allowances etc. of members of the Board, Committees and
                                           Sub-Committees for attending the Board Meeting etc.
                                       (f) the form in which the budget estimate of the Board shall be
                                           prepared.
                                       (g) Time period within which budget estimate after the approval of
                                           the Board may be forwarded to the Government under section
                                           18.




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                                       (h) the manner in which all payments to and from the Funds shall
                                           be made.
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                                       (i) Any other matters required to be prescribed or provided or
                                           made by rules.
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25. Power to difficulties.-       (1) If any difficulty arises in giving effect to the provisions of this Act, the
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                                      Government may by order published in the Official Gazette, make
                                      such provisions, not inconsistent with the provisions of this Act, as
                                      appears to it to be necessary or expedient for removing the difficulty:

                                       Provided that no order shall be made under this section after the
                                       expiry of three years from the commencement of this Act.

                                  (2) Every order made under this section shall be laid as soon as may be
                                      after it is made, before the Legislative Assembly.

                                                                   Secretary,
                                                           Law & Judicial Department,
                                                               Govt. of Mizoram.




          Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram
                           Printed at the Mizoram Government Press, Aizawl. C/200

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Mizoram
Enactment date
2022-03-31
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