Document — PROTECTION OF ACTION TAKEN UNDER THIS ACT.-

- 1 - - 1 - Ex-246/2001 NOTIFICATION No. H. 12018/98/2001-LJD/39, the 7th November, 2001. The following Act of the Mizoram Legislative Assembly which received the assent of the Governor of Mizoram is hereby published for General infor mation. The Mizoram (Prevention of Government Land Encroachment) Act, 2001. (Act No. 7 of 2001) (Received the assent of the Governor of Mizoram on 1.11.2001) AN Act to provide for the prevention of encroachment of lands belonging to the Government of Mizoram and other matters connected therewith. It is enacted by the Mizoram Legislative Assembly in the Fifty-second Year of the Republic of India as follows 1. SHORT TITLE, EXTENT AND COMMENCEMENT.- (1) This Act may be called the Mizoram (Prevention of Government LandEncroachment) Act, 2001. (2) It shall extend to the whole of Mizoram excepting the areas of the Autonomous District Councils under the Sixth Schedule to the Constitution of India (3) It shall come into force on such date as the State Government may,by notification in the Official Gazette, appoint. 2. DEFINITIONS. In this Act, unless the context otherwise requires Vol XXX Aizawl, Friday 9.11.2001 Kartika 18. S.E. 1923 Issue No. 246 Vol XXX Aizawl, Friday 9.11.2001 Kartika 18. S.E. 1923 Issue No. 246 Regd. No. NE 907 Ex-246/2001 - 2 - (a) “District Revenue Officer" means the Deputy Commissioner or any other officer in charge of Revenue Adminiostration of a District and includes an Additional District, Revenue Officer appointed by the State Government to assist the Distric Revenue Officer in the matter of revenue administration. (b) “encroachment" means the unauthorised occupation; (c) “ Government” means the State Government of Mizoram; (d) "government land" in so far as it relates to the provisions of this Act. shall mean any land owned, occupied or possessed by the State Government. (e) “land” includes all lands either vacant or occupied, agricultural or non agricultural land, wäste or arable land and shall also include benefits to the out of land, and things attached to the earth, or permanently lastened to anything attached to the earth or other defined portion thereof and their space above the earth but shall exclude minerals, mineral oil, natural gas and petrolium; (f) “prescribed” means prescribed by the State Government by rules madeunder this Act; g) “Revenue Officer’means an officer appointed or designated as Revenue Officer by the Government under this Act. 3. PROHIBITION OF ENCROACHMENT OF GOVERNMENT LAND.- No person shall encroach or occupy any government land without the permission of the Govern ment. 4. PENALTY FOR UNAUTHORISED OCCUPATION OF GOVERNMENT LAND.- Any person who has wouldly encroached upon the government land shall be unable to control after being given an opportunity of being heard. .Such an offender or ottcnuers saal diso pay penal 1en. 1or tne period f suca“CDroaClucnt anu lue crups or Olucr agricullural or offenders shall also pay penal renk for the period of such encroachment and the crops or other agriculture or forest procuce, building or any other construction on such land shall be able to be fottened. 5. REVENUE OFFICER TO ASSESS PENAL RENT.- (1) Revenue Officer shall make assessment of penal rent to be paid by such person as men tioned in Section 4 for the whole period of such encroachment, as may be prescribed by the Government from time to time. (2) The Revenue Officer may impose such penalty as may be prescribed from time to time, for the unauthorised occupation of the government land in addition to the penal rent assessed under sub Section (1). (a) “District Revenue Officer" means the Deputy Commissioner or any other officer in charge of Revenue Adminiostration of a District and includes an Additional District, Revenue Officer appointed by the State Government to assist the Distric Revenue Officer in the matter of revenue administration. (b) “encroachment" means the unauthorised occupation; (c) “ Government” means the State Government of Mizoram; (d) "government land" in so far as it relates to the provisions of this Act. shall mean any land owned, occupied or possessed by the State Government. (e) “land” includes all lands either vacant or occupied, agricultural or non agricultural land, wäste or arable land and shall also include benefits to the out of land, and things attached to the earth, or permanently lastened to anything attached to the earth or other defined portion thereof and their space above the earth but shall exclude minerals, mineral oil, natural gas and petrolium; (f) “prescribed” means prescribed by the State Government by rules madeunder this Act; g) “Revenue Officer’means an officer appointed or designated as Revenue Officer by the Government under this Act. 3. PROHIBITION OF ENCROACHMENT OF GOVERNMENT LAND.- No person shall encroach or occupy any government land without the permission of the Govern ment. 4. PENALTY FOR UNAUTHORISED OCCUPATION OF GOVERNMENT LAND.- Any person who has wouldly encroached upon the government land shall be unable to control after being given an opportunity of being heard. .Such an offender or ottcnuers saal diso pay penal 1en. 1or tne period f suca“CDroaClucnt anu lue crups or Olucr agricullural or offenders shall also pay penal renk for the period of such encroachment and the crops or other agriculture or forest procuce, building or any other construction on such land shall be able to be fottened. 5. REVENUE OFFICER TO ASSESS PENAL RENT.- (1) Revenue Officer shall make assessment of penal rent to be paid by such person as men tioned in Section 4 for the whole period of such encroachment, as may be prescribed by the Government from time to time. (2) The Revenue Officer may impose such penalty as may be prescribed from time to time, for the unauthorised occupation of the government land in addition to the penal rent assessed under sub Section (1). - 3 - Ex-246/2001 ASSESSMENT OF RENT AND PENALTY NOT TO BE CHALLENGED IN CIVIL COURT- (1) The decision as to the rate or amount of penal rent and the penalty under Section 5 shall be recorded in writing and shall not be called in question in any Civil Court. (2) Subject to conditions as may be prescribed, the District Revenue Officer may, in suitable casses, either reduce remit the amount payable in form of penal rent and penalty under sections 5 and 7. 7. SUMMARY EVICTION, FORFEITURE AND FINES. (1) The Revenue Officer may summarily evict a person in authorised occupation or encroach ment or any land which is the property of Government and on such eviction, any crop or other product raised on such land, any unauthorised construction such as building, etc or anything stacked thereon shall be liable to forfeiture. 2) An eviction under this Section shall be made only after serving a notice as may be pre scribed on the person reported to be in authorised occupation or his agent requiring him to vacate the land within such time as the Revenue Officer may deem reasonable after recept of the said notice and of such notice is not abeyed, by removing such person by applying force from the encroachment land in the manner as may be prescribed. 8. STAY OF CONSTRUCTION- The Revenue Officer may, if he has reason to believe that any person unauthorised occupying any land constructing or is about to construct any building or other construct thereon, by order, prohibit such person from proceeding with the construction of, as the case may be, from constructing such building or structure and it such person fails to comply with the order, the Revenue Officer may first issue an order staying such construction and then may impose such penalty as may be prescribed after following the procedure and in the manner as laid down in sections 4 and 5. 9. PRIOR NOTICE TO BE GIVEN TO PERSON IN UNAUTHORISED OCCUPATION :- Before taking proccedings under Section 5, Section 7 or Section 8, the Revenue Officer shall cause to be served on the person reported to be in unauthorised occupation of the property of Govern ment, a nouce spellying the land so occuped and calling upon him to show cause on a certain date as to way he should not be proceeding against under Section 5, Section 7 or Section 8. 10. RECOVERY OF PENAL RENT AS A PUBLIC DEMAND.- Any amount of fine or penal rent as may be imposed under this Act on any peson unauthorisedly occupying or encroaching upon any government land shall be recoverable from him in form of public demandf under the Bengal Public Demands Recovery Act, 1913 or any other law for the time being in force. 11. APPEAL AND REVISION.- (1) An appeal from any decision or order made under this Act by Revenue Officer shall be to Ex-246/2001 - 4 - the District Revenue Officer if submitted within thirty days from the decision or order complained of and in computing the said period the time required for obtaining a copy of thr decision or order appealed against shall be excluded. Provided that an appeal mauy be admitted after the aforesaid perid if the applicant staisties the appellate authority that he dad sfficient cause for not preferring the appeal within that period. (2) The Director, Land Revenue and Settlement of the Government may call for and examine th

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