ASSAM LUSHAI
HILLS DISTRICT (ACQUISITION OF CHIEFS' RIGHTS) ACT, 1954 THE ASSAM LUSHAI HILLS DISTRICT (ACQUISITION OF CHIEFS' RIGHTS)
ACT, 1954 [Act No. 21 of 1954] [30th June, 1954] An Act to provide for the acquisition by the State of certain
rights and interests of Chiefs in and over land in the Lushai Hills District. Whereas it is expedient to
provide for the acquisition by the State of certain rights and interest of
chiefs in and over land in the Lushai Hills District in the State of Assam; It is hereby enacted as
follows:-- (1)
This Act may be called the Assam Lushai Hills District
(Acquisition of Chiefs' Rights) Act, 1954; (2)
It shall come into force on such date as the State Government may,
by notification, appoint in this behalf. In this Act, unless there
is anything repugnant in the subject or context,-- (a)
"autonomous region" means the Pawi-Lakher Autonomous
Region constituted as such under sub-paragraph (2) of paragraph 1 of the Sixth
Schedule to the Constitution of India; (b)
"agriculture" includes horticulture; (c)
"agricultural year" means the Assamese year commencing
on the first day of Baisak; (d)
"chief" means a chief of the Lushai Hills District
recognised as such by the State Government before the commencement of this Act; (e)
"Compensation Officer" means a Compensation Officer
appointed by the State Government under sub-section (2) of Section 7 of this
Act; (f)
"Court" except in the case of any reference to the High
Court means the Lushai Hills District Council Court established under
sub-paragraph (2) of paragraph 4 of the Sixth Schedule to the Constitution of
India, or till such Court is established the Court of the Deputy Commissioner; (g)
"date of vesting" means the first day of the
agricultural year next following the date of publication of the notification
under section 3 of this Act; (h)
"Deputy Commissioner" means the Deputy Commissioner of
the Lushai Hills District and includes the Sub-divisional Officer, Lungleh or
any Extra Assistant Commissioner or any other officer empowered by the State
Government to discharge the functions of the Deputy Commissioner under any of
the provisions of this Act; (i)
"District Council" means the District Council of the
Lushai Hills Autonomous District constituted under the provisions of the Sixth
Schedule to the Constitution of India in accordance with the Assam Autonomous
Districts (Constitution of District Councils) Rules, 1951; (j)
"Executive Committee" means the Executive Committee of
the Lushai Hills District Council; (k)
"Fathang" means a due payable to a chief by a cultivator
in kind or in cash; (l)
"Homestead" means a dwelling house (whether used by the
owner or let out on rent) and the land on which it stands together with any
court-yard, (m)
[1] ["Notification
declaring the vesting in the State of a Chief's rights and interests in his
Ram"] (n)
compound, attached garden, orchard and out-buildings, and includes
any outbuildings used for purposes connected with agriculture or horticulture
and any tank or well and place of worship appertaining to such dwelling house; (o)
"Law" includes a tribal custom or usage having the force
of law in the Lushai Hills District; (p)
"Member-in-charge of the land affairs of the District
Council" means a member of the Executive Committee of the Lushai Hills
District Council entrusted with the land affairs of the Council under sub-rule
(1) of rule 31 of the Assam Autonomous Districts (Constitution of District
Council) Rules, 1951; (q)
"prescribed" means prescribed by rules made under this
Act; (r)
"Ram" means a tract or tracts of land held by a chief
under a Ramrilekha of boundary paper issued by the competent authority; (s)
"Regional Council" means the Regional Council of the
Pawi-Lakher autonomous region constituted under the provisions of the Sixth
Schedule to the Constitution of India and in accordance with the Pawi-Lakher
Autonomous Region (Constitution of Regional Council) Rules, 1952; (t)
"Rent" means whatever is lawfully payable in money or
kind by a tenant on account of the use and occupation of land held by him; (u)
"Tenant" means a person who holds land under another
person and is or, but for a special contract, would be liable to pay rent for
the land to that other person, but does not include a person who holds
immediately under Government; (v)
"Tin" means one four gallon kerosene oil tin. (1)
The State Government may, from time to time, by notification
declare that the rights and interests of a chief in his Ram specified in the
notification shall stand transferred to and vest in the State free from all
encumbrances. (2)
A copy of the aforesaid notification shall be served in the manner
prescribed on the chief whose interest is affected by such notification. (3)
The notification referred to in sub-section (1) shall also be
circulated within the Ram concerned by the Deputy Commissioner in such manner
as he deems it. (4)
The publication of such notification in the manner provided in
sub-sections (2) and (3) shall be conclusive evidence of the notice of
declaration to the chiefs whose interests are affected by such notification. Notwithstanding anything
contained in any law for the time being in force or in any agreement or
contract expressed or implied, on the publication of the notification referred
to in section 3, all rights and interests of the Chief in the Ram shall, save
as otherwise expressly provided in this Act, cease and shall vest absolutely in
the State free from all encumbrances in accordance with the provisions of this
Act with effect from the agricultural year next following the date of
publication of such notification. No compensation to any
chief whose rights and interests in his Ram vest in the State under the
provisions of this Act shall be payable except as provided for in this Act. (1)
The District Council or the Regional Council, as the case may be
shall take over charge of any Ram, the rights and interests of the chief in
which vest in the State. (2)
All the Rams shall be administered by the District Council or the
Regional Council, as the case may be, in accordance with the law for the time
being in force in the Lushai Hills District. (1)
Every Chief whose rights and interests in a Ram have vested in the
State in consequence of a notification issued under section 3, shall be paid
compensation according to the provisions of this Act. (2)
The State Government shall, as soon as possible after the
publication of notification under section 3, appoint one or more officers, to
be hereinafter called Compensation Officer, to prepare a compensation statement
in the manner and form prescribed in the rules and to perform such other duties
as are provided by any provision of this Act or by any rule made thereunder. (3)
The compensation statement shall inter alia contain (i) the total
number of households within a Ram of the Chief, (ii) the amount of compensation
to be paid under the provisions of this Act to such Chief and other persons
whose interests are affected, (iii) whether payment to be made in cash or in
kind, (iv) Whether payment to be made in installments or in a lump and (v) any
other particulars as may be prescribed. (1)
The Compensation Officer shall for the purpose of preparing the
compensation statement, determine the amount of compensation payable in respect
of each Ram in the manner and in accordance with the principles hereinafter set
out, that is to say:-- (a)
The compensation payable to a chief shall be as follows for a
period of ten years with effect from the date of vesting? (b)
three tins of paddy per year per household upto a limit of one
hundred households in his Ram; and (c)
two tins of paddy per year per household for every additional
household in the Ram beyond the limit of one hundred mentioned in (i) above. (d)
For the purposes of clause (a)? (e)
?where a chief has more than
one Ram in his jurisdiction, all the Rams shall be treated as one Ram and the
total number of households shall be computed accordingly; (f)
the actual number of households within the Ram of a chief shall be
regarded as those paying Fathang to the Chief immediately preceding the
commencement of this Act, and shall not include those exempted from the payment
thereof by virtue of profession, trade, calling, employment or of the
recognition of other services. (g)
The amount of compensation shall, as and when paid in cash, be
calculated according to the market price of paddy prevailing at the time in the
locality where the Ram concerned is situated. (2)
The compensation shall, in the first instance, be determined for
the Ram as a whole and not separately for each of the co-sharers or interests
therein. (3)
The Compensation Officer shall then apportion the share of
compensation payable to a co-sharer or any persons having interests in the Ram
and if, in doing so any question involving matters of civil nature arises, he
shall dispose of the matter in the prescribed manner. (1)
The Compensation Officer, after the determination of the
compensation payable to a chief under the provisions of section 8 shall prepare
the compensation statement as provided for in sub-section (3) of section 7. (2)
The Compensation Officer shall cause a draft of the compensation
statement to be published in the manner prescribed calling for objections from
any persons interested in it, to be submitted within a period prescribed. (3)
A copy of such draft compensation statement shall be sent in the
manner prescribed to the persons whose names appear in the compensation
statement. (4)
On receipt of any objections preferred within the prescribed
period, the Compensation Officer shall consider and dispose of them according
to the rules prescribed by the State Government. (1)
An appeal, if presented within sixty days of the date of order
shall lie against any order of the Compensation Officer passed under
sub-section (4) of section 9 to the Deputy Commissioner, Lushai Hills District. (2)
A further appeal shall lie to the High Court from any decision of
the Deputy Commissioner, Lushai Hills District if preferred within ninety days
of such decision. (1)
After disposal of all objections and appeals under sections 9 and
10, the Compensation Officer shall correct the compensation statement in such a
way as to give effect to the order passed on objections and appeals referred to
in sections 9 and 10 and cause the compensation statement so corrected to be
finally published in the manner prescribed, and on such publication every entry
in the compensation statement, except as provided elsewhere in the Act, shall
be final. (2)
After the compensation statement has been published under
sub-section (1), the Compensation Officer shall, within the period fixed by the
State Government, by any general or special order, furnish a certificate to the
Deputy Commissioner in the manner and form prescribed, stating the fact of such
publication, and such certificate shall be conclusive proof of such
publication. (1)
No correction of the compensation statement after it has been
finally published under section 11 shall be made, except as provided in this
section. (2)
Correction of bonafide mistakes or corrections necessitated by
succession or inheritance of any interest in the Ram can be made by the
Compensation Officer at any time before the payment of compensation, either of
his own motion or on the application of the persons interested, but no such
correction shall be made while an appeal affecting such entry is pending. (3)
If a chief dies within the period of ten years from the date of
vesting and if the compensation payable to him is paid in installments, the
Compensation Officer shall correct the compensation statement after
ascertaining heirs or representative of the deceased chief. (4)
Every time, in making such corrections as are referred to in
sub-sections (2) and (3) the Compensation Officer shall cause a draft of the
corrections to be published in the same manner as the draft compensation
statement is required to be published under section 9 and after considering and
disposing of any objections that may be made in the manner provided in the
sub-section (4) of section 9 shall cause the corrections to be finally
published. (1)
The compensation shall be paid in cash or in kind. (2)
The amount of compensation payable to a chief shall consist of an
equal annual recurring payment for a period of ten years if paid in kind or its
equivalent if paid in cash. Provided that the total
amount of compensation may be paid, at the option of the State Government, to a
chief in a lump either in kind or in cash calculated on the basis of the
prevailing market price of paddy in the locality where the Ram is situated. (3)
The State Government shall communicate its decision under the
proviso to sub-section (2) above, to the Compensation Officer in the prescribed
manner within a prescribed period. (4) The
Compensation Officer shall, as provided for in sub-sections (1), (2) and (3)
make payment of the compensation so payable to the person entitled according to
the compensation statement finally published. (5)
If any dispute arises as to the title of any such person to
receive the amount, the Compensation Officer may, if he thinks fit, keep the
amount in deposit in the manner prescribed until the dispute is determined by
Court to whom the parties shall be referred and on such determination the
Compensation Officer shall pay the amounts to the person or persons entitled to
receive the same. Save as otherwise expressly
provided in any provisions under this Act, no suit or other proceedings shall
lie in any Civil Court in respect of any entry in or omission from a
compensation statement published under this Act or in respect of any order passed
or any act done or purporting to be done under this Act or the rules made there
under. No suit, prosecution or
other proceedings shall lie against any officer of the State or of the District
Council or the Regional Council for anything in good faith done or purporting
to be done under this Act or any rules made thereunder. The Compensation Officer,
for the purposes of any enquiries or proceedings taken under this Act shall
have the same powers as are exercised by an Assistant to the Deputy
Commissioner under the rules for the Regulation of the Procedure of Officers
appointed to administer justice in the Lushai Hills published under
Notification No. 2530(a)-A.P., dated 25th March 1937, as subsequently adapted
and modified by the Assam Autonomous Districts (Administration of Justice)
Regulation, 1952, in respect of (a) enforcing the attendance of any person and
examining him and (b) compelling the production of documents, and such
enquiries or proceedings conducted by the Compensation Officer shall be deemed
to be judicial proceedings under the aforesaid Rules. Subject to any condition
that may be prescribed, the Deputy Commissioner, the District Council, the
Regional Council or the Compensation Officer may, for the purposes of this Act,
require any person to produce any document, paper or register which is in his
possession or under his control or to furnish any information which he may
think necessary for the proper discharge of any duties under any provision of
this Act. The State Government may,
by notification, delegate to any officer or authority subordinate to it, any of
the powers conferred on it by this Act to be exercised subject to any
restriction and condition as may be specified in the said notification. Whoever-- (i)
Wilfully fails or neglects to comply with any requirement made of
him under this Act, or (ii)
contravenes any lawful order passed under this Act, or (iii)
obstructs or resists the taking by the District Council or the
Regional Council or any officer authorised by it in writing on charge of any
Ram the rights and interests of a Chief in which have vested in the State under
this Act, or (iv)
furnishes information which he knows or believes to be false or
does not believe to be true, shall on conviction before a Magistrate, and in
addition to any other action that may be taken against him, be punishable with
fine which may extend to one thousand rupees. If any difficulty arises in
giving effect to any provision of this Act, the State Government may, as
occasion requires, take any action not inconsistent with the provisions of this
Act which may appear to it necessary for the purpose of removing the
difficulty. The State Government may, subject
to previous publication, make rules for carrying out the purposes of this Act.
Preamble - THE ASSAM LUSHAI HILLS DISTRICT (ACQUISITION OF CHIEFS'
RIGHTS) ACT, 1954PREAMBLE