Resolutions
# | Subject | Member Name | Receipt Date | Discussion Date | Remarks |
---|---|---|---|---|---|
1 | "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 | |
2 | "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 | |
3 | "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 | |
4 | "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 | |
5 | "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 | |
6 | 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 | |
7 | “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 | |
8 | “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 | |
9 | ““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 | |
10 | Whereas Parliament had enacted the Transplantation of Human Organs Act, 1994 (No. 42 of 1994) providing for the regulation of removal, storage and transplantation of human organs for the rapeuti purposes and for the preventions of commercial dealing in human organs connected therewith or incedental thereto. And whereas certain short comings in the operation of the law had been notices which require amendments to the transplantation of human Act, 1994 (No.42 of 1994). And whereas the subject matter of such law is relatable to entry 6 of List II (State list) of the seven schedule to the Constitution of India and Parliament has no power to make laws for the States with respect to the foresaid matters except as provided in articles 249 and 250 of the Constitution of India to facilitate organ transplantation in genuine case and to provide for deterrent punishment for illegal an/or commercial transactions in human organs. And whereas it appears to this Legislative Assembly to be desirable that the aforesaid amendments in the law should be made in the State of Mizoram by Parliament by law. Now, therefore, in exercise of the power conferred by clause (2) of article 252 of the Constitution of India, this House hereby resolves that the matters with respect to the amendments to the transplantation of Human Organs Act, 1994 should be regulated in the State of Mizoram by Parliament by law. | Pu Lalrinliana Sailo | 13/12/2011 | 13/12/2011 | |
11 | He House hian Parliament in Schedule Tribe (Tribal) leh forest a kum reitak lo cheng tawh te hamthatna leh chanvo hriatpui leh siam sak ve tura dan a siam-The Scheduled tribe and other traditional forest dwellers ()Recognition of forest rights( Act, 2006 (Central Act No. 2of 2007), India ram pumpui a hman tur (Jamu & Kashmir tiam lovin) chu, Mizoram pumpui chhunga 31st December, 2009 atanga hman turin a pawm e. | Pu P.C Lalthanliana | 29/10/2009 | 29/10/2009 | |
12 | That this House ratifies the amendment to the constitution of India falling within the perview of clause (d) of the proviso to clause (2) of Article 368, proposed to be made by the constitution (One hundred and ninth Amendment) Bill, 2009 as passed by both the Houses of Parliament. | Pu R. Lalzirliana | 30/09/2009 | 19/10/2009 | Copy forwarded to Secretary General Lok Sabha on 22/10/2009 and Chief Secretary, Commissioner Home Govt of Mizoram |
13 | Indian christian marriage Act, 1872 hman chung chang. | Pu H. Rammawi | 16/10/2006 | N/A | Withdraw |
14 | This House resolves that Mizoram leh a thenawm State te inkar ramri chinfel ngai lai te chingfel turinSorkar laipui in Boundary Commission din thuai rawh se. | "Pu B. Lalthlengliana | 07/03/2006 | 09/03/2006 | Copy forwarded to Chief Secretary on 20/02/2006 |
15 | That this House resolves to request the Government of India that Sl.No. 10 of the tribe in Mizoram listed under the Constitution (Schedule Tribe) Order, 1950 (C.O.22) Part-XVII entered as Any Mizo (Lushai) tribes be subtituted by any Mizo tribes. And that the tribe name of Gangte listed as a Sub-tribe of Kuki tribe under Sl.No.7 (VII) of the tribes in Mizoram under the Constitution (Schedule tribes) order 1950 (C.O.22) part XVII be deleted as the Gangtes are not Sub-tribe of KUki but belong to Mizo tribe. And, that the tribe names of Lakher and Pawi which were already changes as Mara nad Lai respectively be entered as Sl. Nos 8 and 13 of the Constitution (Schedule Tribes) Order, 1950 (C.O.22)by substituting the words Lakher and Pawi respectively on basis of the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988). | Pu R. Lalzirliana | 24/03/2011 | 24/03/2011 |