The Mizoram (Prevention of Government Land Encroachment) (Amendment) Act, 2012

The Mizoram Gazette

EXTRA ORDINARY

Published by Authority

RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 Re. 2/- per page VOL - XLI Aizawl, Tuesday 1.5.2012 Vaisakha 11, S.E. 1934, Issue No. 210

NOTIFICATION

No.H.12018 / 98/ 2001- LJD, the 25th April, 2012 . The following Act is hereby published for general information.

The Mizoram (Prevention of Government Land Encroachment) (Amendment) Act, 2012 (Act No. 7 of 2012)

{Received the assent of the Governor of Mizoram on the 20thApril, 2012}

P. Singthanga, Secretary to the Govt. of Mizoram

Ex-210/2012 2

(1) This Act may be called the Mizoram (Prevention of Government Land Encroachment) (Amendment)Act,2012. (2) It shall have the like extent of the Principal Act. (3) It shall come into force on such date as the State Government may, by Notification in the Official Gazette, appoint.

In short title of the Principal Act, the words ‘Government Land’ shall be substituted by the words, ‘Public Land’.

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

“3. PROHIBITION OF ENCROACHMENT OF PUBLIC LAND - No person shall encroach or occupy any Public Land, for whatsoever reason or purpose, without prior and express permission of the Govern- ment.”

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."

In sub-section (2) of section 5 of the Principal Act, the words ‘the Gov- ernment Land’ shall be substituted by the words, namely, ‘Public Land’. Section 4 of the Principal Act shall be substituted by the following, namely:-

“4. PENALTY FOR UNAUTHORISED OCCUPATION OF PUB- LIC 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 opportu- nity of being heard. Such an offender or offenders shall also pay penal rent for the period of such encroachment, and the crops or other agricul- tural or forest produce, building or any other construction on such land shall be liable to be forfeited.”

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

In section 9 of the Principal Act, the words “property of the Government” shall be substituted by the words, namely, ‘Public Land’. Section 10 of the Principal Act shall be substituted by the following namely :- “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 person unauthorisedly occupying or encroaching upon any Public Land shall be recoverable from him in form of public demand under the Mizoram Public Demands Recovery Act, 2001, as amended from time to time”.

Section 10 of the Principal Act shall be substituted by the following namely :-"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 person unauthorisedly occupying or encroaching upon any Public Land shall be recoverable from him in form of public demand under the Mizoram Public Demands Recovery Act, 2001, as amended from time to time".

After section 10 of the Principal Act, the following new section 10A shall be inserted namely :- "10A. PENALTY - (1) Any person, or group of persons, or institution or organisation or public or private entity who willfully aids, abets or en- courages any unauthorised occupation or illegal encroachment of any Public Land, or willfully obstructs any person in doing any of the Acts authorised by Section 5, 7, 8, 9 and 10, shall, on conviction, be liable to imprisonment for a term not exceeding one month, or with fine not ex- ceeding two thousand rupees, or with both. (2) No court other than the court of a Judicial Magistrate of the First Class shall take cognizance of, or try, an offence under this Act. (3) No court shall take cognizance of any offence under this Act except on a complaint in writing of a Revenue Officer specially authorised for the purpose".

After the words, “pass such order” in sub-section (2) of Section 11 of the Principal Act, the following words shall be inserted, namely, “in revi- sion”. (2) After sub-section (4) of Section 11 of the Principal Act, a new sub- section shall be added as follows, namely- “(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”.