The Mizoram (Prevention of Government Land Encroachment) Act, 2001

Short title, extent and commencement. -

1. (1) This Act may be called the Mizoram (Prevention of Government Land Encroachment) Act, 2001
2. (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. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions. - In this Act, unless the context otherwise requires -

1. (a) "District Revenue Officer" means the Deputy Commissioner or any other officer in charge of Revenue Administration of a District and includes an Additional District Revenue Officer appointed by the State Government to assist the District Revenue Officer in the matter of revenue administration;
2. (b) "encroachment" means unauthorised occupation;
3. (c) "Government" means the State Government of Mizoram;
4. (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;
5. (e) "land" includes all lands either vacant or occupied, agricultural or non-agricultural land, waste or arable land and shall also include benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth or other defined portions thereof and their space above the earth but shall exclude minerals, mineral oil, natural gas and petroleum;
6. (f) "prescribed" means prescribed by the State Government by rules made under this Act;
7. (g) "Revenue Officer" means an officer appointed or designated as Revenue Officer by the Government under this Act.

Amendment of section 2 of the principal Act -

1. (1) After clause
   • (g) of section 2 of the Principal Act, the following new clauses shall be inserted namely:-
   • (h) ‘ Public Land’ means any land / area of land recognized by the locality or its surrounding people not as a land belonging to any private individual or person or institution, and shall include Government land, Public Space and Community Land;
     • (i) ‘ Public Space’ means any space reserved and recognized by the public for the purpose of gathering and other purposes;
   • (j) ‘ Community Land’ means any land / area of land recognised by the locality or its surrounding people as a ‘ Community Land’ which includes, but is not limited to, village safety reserve, village supply reserve, grazing areas, water bodies, playgrounds, grave-yards and other such common-use-land or area.

Substitution of section 3 - Section 3 of the Principal Act shall be substituted by the following, namely :- 3.

Substitution of section 4 Substitution of section 4 - Section 4 of the Principal Act shall be substituted by the following, namely:- 4. PENALTY FOR UNAUTHORISED OCCUPATION OF PUBLIC LAND - Any person who has willfully encroached upon any Public Land in violation of the provision or provisions of this Act and the rules made thereunder shall be liable to eviction after being given an opportunity of being heard. Such an offender or offenders shall also pay penal rent for the period of such encroachment, and the crops or other agricultural or forest produce, building or any other construction on such land shall be liable to be forfeited.

Assessment of rent and penalty not to be challenged in Civil Court -

1. (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. (2) Subject to conditions as may be prescribed, the District Revenue Officer may, in suitable cases, either reduce or remit the amount payable in form of penal rent and penalty under sections 5 and 7.

Amendment of section 7 - In sub-section

1. (1) of section 7 of the Principal Act, the words “property of the Government,” shall be substituted by the words, namely, ‘Public Land’.

Stay of construction. - The Revenue Officer may, if he has reasons to believe that any person unauthorisedly occupying any land is constructing or is about to construct any building or other structure thereon, by order, prohibit such person from proceeding with the construction or, as the case may be, from constructing such building or structure and if 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.

Prior notice to be given to persons in unauthorised occupation. - Before taking proceedings 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 Government, a notice specifying the land so occupied and calling upon him to show cause on a certain date as to why he should not be proceeded against under section 5, section 7 or section 8.

Recovery of Penal rent as a Public Demand. - Any amount of fine or penal rent as may be imposed under this Act on any person unauthorisedly occupying or encroaching upon any government land shall be recoverable from him in form of public demand under the Bengal Public Demands Recovery Act, 1913 or any other law for the time being in force.

Amendment of section 11 - After the words, “pass such order” in sub-section

1. (2) of Section 11 of the Principal Act, the following words shall be inserted, namely, “in revision”.
2. (2) After sub-section
3. (4) of Section 11 of the Principal Act, a new sub-section shall be added as follows, namely-
4. (5) The manner in which an appeal or a revision may be entertained and disposed of under this section shall be such as may be prescribed.