Vidhi Codex

The Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016

The Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016

Civil2016105 sections13 chapters

This law establishes a framework for acquiring private land for public and infrastructural projects across Mizoram while ensuring fair compensation, rehabilitation, and resettlement for affected individuals and families. It applies to land owners, dependent landless residents, private companies, and state government authorities involved in land acquisition. The legislation matters because it replaces older, less protective acquisition laws by incorporating mandatory social impact assessments, protecting multi-cropped agricultural land to ensure food security, and providing statutory allowances, alternative housing, and financial assistance to displaced families, thereby safeguarding their livelihoods and ensuring they become partners in state development.

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Chapter 1 PRELIMINARY →

  1. 1Short title, extent and commencement.
  2. 2Definitions.
  3. 3Application of Act.

Chapter II DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE →

  1. 4Transportation cost for displaced families
  2. 5Cattle shed/petty shops cost
  3. 6One-time grant to artisan, small traders and certain others
  4. 7One-time Resettlement Allowance
  5. 8Examination of proposals for land acquisition and Social Impact Assessment report by Government.
  6. 9Exemption from Social Impact Assessment.

Chapter III SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY →

  1. 10Special provision to safeguard food security.

Chapter IV NOTIFICATION AND ACQUISITION →

  1. 11Publication of preliminary notification and power of officers thereupon
  2. 12Preliminary survey of land and power of officers to carry out survey.
  3. 13Payment for damage.
  4. 14Lapse of Social Impact Assessment report.
  5. 15Hearing of objections.
  6. 16Preparation of Rehabilitation and Resettlement scheme by the Administrator.
  7. 17Review of the Rehabilitation and Resettlement Scheme.
  8. 18Approved Rehabilitation and Resettlement Scheme to be made public.
  9. 19Publication of declaration and summary of Rehabilitation and Resettlement.
  10. 20Land to be marked out, measured and planned including marking of specific areas.
  11. 21Notice to persons interested.
  12. 22Power to require and enforce the making of statements as to names and interests.
  13. 23Enquiry and land acquisition award by Collector.
  14. 24Land acquisition process under Act No.1 of 1894 shall be deemed to have lapsed in certain cases.
  15. 25Period within which an award shall be made.
  16. 26Determination of market value of land by Collector.
  17. 27Determination of amount of compensation.
  18. 28Parameters to be considered by Collector in determination of award.
  19. 29Determination of value of things attached to land or building.
  20. 30Award of solatium.

Chapter V REHABILITATION AND RESETTLEMENT AWARD →

  1. 31Rehabilitation and Resettlement Award for affected families by Collector.
  2. 32Provision of infrastructural amenities in resettlement area.
  3. 33Corrections to awards by Collector.
  4. 34Adjournment of enquiry.
  5. 35Power to summon and enforce attendance of witnesses and production of documents.
  6. 36Power to call for records, etc.
  7. 37Awards of Collector when to be final.
  8. 38Power to take possession of land to be acquired.
  9. 39Additional compensation in case of multiple displacements.
  10. 40Special powers in case of urgency to acquire land in certain cases.

Chapter VI PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT →

  1. 41Appointment of Administrator.
  2. 42Commissioner for rehabilitation and resettlement.
  3. 43Rehabilitation and resettlement committee at project level.
  4. 44Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons.
  5. 45Quantification and deposit of rehabilitation and resettlement amount.

Chapter VII MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT →

  1. 46Establishment of State Monitoring Committee for rehabilitation and resettlement.

Chapter VIII ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND →

  1. 47Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.
  2. 48Composition of Authority.
  3. 49Qualifications for appointment as Presiding Officer and Members of the Authority.
  4. 50Terms of office of Presiding Officer and Members of the Authority.
  5. 51Staff of Authority.
  6. 52Salary and allowances and other terms and conditions of service of Presiding Officer and Members of the Authority.
  7. 53Filling up of vacancies.
  8. 54Resignation and removal.
  9. 55Orders constituting Authority to be final and not to invalidate its proceedings.
  10. 56Powers of Authority and procedure before it.
  11. 57Proceedings before Authority to be judicial proceedings.
  12. 58Officers of Authority to be public servants.
  13. 59Jurisdiction of civil courts barred.
  14. 60Reference to Authority.
  15. 61Collector’s statement to Authority.
  16. 62Service of notice by Authority.
  17. 63Restriction on scope of proceedings.
  18. 64Proceedings to be public.
  19. 65Determination of award by Authority.
  20. 66Form of award.
  21. 67Costs.
  22. 68Collector may be directed to pay interest on excess compensation.
  23. 69Re-determination of amount of compensation on the basis of the award of the Authority.
  24. 70Appeal to High Court.

Chapter IX APPORTIONMENT OF COMPENSATION →

  1. 71Particulars of apportionment to be specified.
  2. 72Dispute as to apportionment.

Chapter X PAYMENT →

  1. 73Payment of compensation or deposit of same in Authority.
  2. 74Investment of money deposited in respect of lands belonging to person incompetent to alienate.
  3. 75Investment of money deposited in other cases.
  4. 76Payment of interest.

Chapter XI TEMPORARY OCCUPATION OF LAND →

  1. 77Temporary occupation of waste or arable land, procedure when difference as to compensation exists.
  2. 78Power to enter and take possession and compensation on restoration.
  3. 79Difference as to condition of land.

Chapter XLL OFFENCES AND PENALTIES →

  1. 80Punishment for false information, mala fide action, etc.
  2. 81Penalty for contravention of provisions of Act.
  3. 82Offences by Companies.
  4. 83Offences by Government Departments.
  5. 84Cognizance of offences by court.
  6. 85Offences to be non-cognizable.
  7. 86Offences to be cognizable only on complaint filed by certain persons.

Chapter XIII MISCELLANEOUS →

  1. 87Magistrate to enforce surrender.
  2. 88Service of notice.
  3. 89Completion of acquisition not compulsory, but compensation to be awarded when not completed.
  4. 90Acquisition of part of house or building.
  5. 91Acquisition of land at cost of a local authority or Requiring Body.
  6. 92Exemption from income-tax, stamp duty and fees.
  7. 93Acceptance of certified copy as evidence.
  8. 94Notice in case of suits for anything done in pursuance of Act.
  9. 95No change of purpose to be allowed.
  10. 96No change of ownership without permission to be allowed.
  11. 97Return of unutilized land.
  12. 98Provisions to be in addition to existing laws.
  13. 99Option of Government to lease.
  14. 100Provisions of this Act not to apply in certain cases or to apply with certain modifications.
  15. 101Power to amend Schedule.
  16. 102Power to make rules.
  17. 103Power to remove difficulties.
  18. 104Repeal and savings.

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