The AMC Licensing Regulations that was drafted by AMC and published recently in Mizoram Gazette mentions several guidelines for the establishment of commercial shops in Mizoram.
In FORM No.1 the particulars to be filled up by the applicant is mentioned as 1.Name of Applicant, 2.Name of Shop/Farm, 3.Name of Trade, 4.Location, 5.Proprietor/Private Ltd., 6.Residential Address, 7.Phone No., 8.Mobile No., 9.Email ID, 10.Tin No.(if any), 11.CST No.(if any), 12.PAN No.(if any), 13.Whether premises owned / leased?, 14.Details of business, 15.Date of establishment (if any).
And list of the documents to be attached with application form are 1.NOC from the house/land owner where the business is intended to be run, 2.NOC from Local Council (where the business is intended to be run), 3.EPIC, 4.Residential Certificate, 5.Two (2) copies of passport size photos, 6.License/ Registration Certificate from Licensing Authority,H&FW Dept.,(for selling eatable items),7.Receipt of Application Form from AMC .
Terming it as dominantly dangerous rules or Tiger law(dan sakei), the AMC Licensing Regulations received a severe criticism from MIMA as it does not lay down either special provision for restriction of non permanent Mizoram residents or protection of Mizo merchants.
Criticizing the regulations, PC Laldinthara, president MIMA said the Non-Mizo merchant of course may not apply for business or shop establish at once, but the legislations can apprehensively proved dangerous in the long run as it can bring the economically and educationally poor Mizo people under domination by economically and logically civilized plain people (Non-Mizo) .
He said that all the requisite documents as demanded by AMC for the application of business establishment are no doubt can be easily obtain by every applicant and as far as EPIC is concerned, all Indian citizen who has attained the minimum required aged can get it with ease.
As regard Residential certificate, the president also said that the residential certificate of any Indian state is applicable and valid as the regulation does not clearly indicate the demand of 'Permanent Residential Certificate' only in Mizoram.
According to P.C Laldinthara the leaders of AMC and MIMA had already discussed over the regulations for four times in which MIMA asked the leaders of AMC to include provision for the protection of permanent residents or 'sons of soil' by making the possession of Permanent Residential Certificate (Mizoram) and ILP that is continuously renewed 4/5 times as mandatory.
The leaders of AMC however, turned down the request of MIMA and accordingly the demand for Permanent Residential Certificate(Mizoram) and ILP was unfortunately not included in the amendments(2013) .
"As such we do not find any relevant of safeguarding or protection of Mizo nation with the regulations," the president added.
"Since the regulations made by AMC specifically indicated 'Trade License' by stating clearly in it clause -Regulation 2(M) that 'LICENSE' issued by the Aizawl Municipality Council for the purpose of trade and Regulation-3 'the authority to issue license in respect of trade and business shall be the chairman of Aizawl Municipal Council, if once issued to non-Mizo, it is not cancellable by the authority of Aizawl Municipal Council," said PC Laldinthara adding incase the licensee go to the Court for renewal, the Court must surely direct the authority to renew the license as existed in the Supreme Court ruling.
It is also worth mentioning that in Article 14,19 (g), 301 and 304 of Indian constitution it is apparent that this Licensing Regulation can greatly harm the security of the permanent settler(sons of soil) and keep them in a precarious state, the MIMA president said.
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