MIZO
DISTRICT (LAND AND REVENUE) ACT, 1956 THE MIZO DISTRICT (LAND AND REVENUE) ACT,
1956 [Act No. 1 of 1957] [0 4th October, 1956] An Act to provide for the recognition of rights on land
assessment of revenue on such land by the District Council. Whereas
it is expedient to provide it)r the recognition of right on land and settlement
and the assessment or revenue such land and for other ancillary matter in the
Mizo Autonomous District. 1)
This Act may be called Mizo District (Land
and Revenue) Act, 1956. 2)
It extends to the whole of the Union
Territory of Mizoram excepting the areas under the Autonomous District Councils
of Pawi, Lakher and Chakma. 3)
It shall come into force at once. In
this Act unless there is anything repugnant or the context otherwise
requires.-- 1)
?District? means a District Council in
Mizoram declared to be as such by order of the Administrator of Mizoram 2)
(Omitted) 3)
?Administrator? means the Administrator of
the Union Territory of Mizoram appointed by the President of India under
Article 239 of the constitution 4)
"Land" includes all lands either
vacant or occupied. It shall include also benefits to arise out of land and
things attached to the earth or permanently fastened to clnything attached to
the earth but shall exclude minerals, mineral oil, natural gas and petroleum; 5)
"Land Revenue" means any revenue
assessed on an estate and includes other taxes assessed in lieu of land
revenue. 6)
"Prescribed" means prescribed by
rules made under this Regulation 7)
"'Reserved Forest" means a reserved
forest as defined to sub-paragraph (2) of sub-paragraph (3) of the Sixth
Schedule to the Constitution. 8)
"Settlement-holder" means any
person other than a pass holder who has entered into an agreement with the
Administrator to pay land revenue and is deemed to have acquired status of
settlement-holder under section 7. 9)
"Deputy Commissioner" means the
Deputy Commissioner, of a District in Mizoram appointed by the Administrator as
such. 10)
"Financial Year" means the Financial
Year commencing on the first day of April; 11)
"Pass-holder" means a person who
has the temporary right of use and occupancy over a specified plot of land for
a specified period under such terms as the Administrator may prescribe in the
pass he holds. This
Chapter shall apply to all lands within the Station areas of Aizavl, Lunglei,
Demagiri, North Vanlaiphai, Champhai, Kolasib and Sairang and any other Station
areas as may be notified by the Administrator from time to time except - (a)
land included in the State Reserved Forests. (b)
the soil of all Government and Public roads. No
person shall acquire by length of possession or otherwise any right over land
disposed of, allotted or occupied before the commencement of this Act unless
such land had been recorded and registered either ill the Deputy Commissioner's
Office or the District council's Office. A
pass-holder shall have no right in the soil beyond right of user for the period
for which it is given and shall have no right of transfer, or of inheritance
beyond the period of the pass or of subletting. "A
pass-holder may at any time during the period of the pass relinquish the whole
or part of his estate after paying all the revenue and taxes due from him in
respect of the estate proposed to be relinquished, by a written petition to the
Administrator within such date as may be prescribed, and on such relinquishment
being accepted by the Administrator, the pass holder shall cease to have an
rights and interests whatsoever conferred on him by the pass on the
relinquished land." "The
settlement-holder shall have heritable and transferable right use on or of
subletting in his land subject to.-- a)
the payment land revenue and taxes from time
to time legally accessed or imposed in respect of the land.? b)
such terms and conditions as ,Ire expressed
in his settlement lease, and the rules made there under." In the
case of any land over which no person has right of use or occupancy under this
Act or which is not under use or occupancy of the Government, the Administrator
may direct that.-- a)
such land may be disposed of by way of grant,
lease or other use in the manner prescribed: b)
the person who has entered into unauthorized
occupation of such land may be rejected in the manner prescribed c)
any crop, building or other construction
erected without authority may be disposed of in a manner it deems fit. The
Administrator may, be proclamation in a in a manner it seems fit, declare deems
fit, declare any collection of water running or stagnant to be a fishery and no
right, in any fishery, so declared, shall be deemed to have acquired by the
public or any person. Such a fishery may be leased in accordance with the rules
prescribed. The
Administrator or any officers appointed in its behalf shall survey all lands to
be recorded. The demarcation boundary and the assessed revenue to be paid
annually shall be recorded in the General Register vide Appendix "A".
The Administrator may prescribe subject to a paragraph 8 (1) of the Sixth
Schedule to the Constitution of India and to this Regulation principles on
which the land revenue is to be assessed, the terms or which and the conditions
on which settlement may be made. The settlement-holder shall make proper
boundary marks as may be directed by such officer or the Administrator. Recording
shall be made in such manner and after inquiry as may be prescribed. A
settlement holder shall on completion of survey and demarcation of boundary,
obtain a certificate of recording for the details of that payment of such
amount of recording fee as may be prescribed. Different rates of fees may be prescribed
for any local area or class of land. Possession
of such certificates showing details of boundary area and assessed revenue to
be paid annually shall be deemed to be the conclusive proof that the land has
been settled with the holder of the certificate and that all rights and
interests arising out of such settlement have vested in such holder of in such
holder of the certificate. If a
settlement-holder violates any term of the lease, the lease shall be liable to
be cancelled. No
transfer of any right, title or interest in any land shall be recognized by the
Administrator or the Village Council and no person shall be deemed to be
ex-operated from any liability due to the Administrator in the manner
prescribed. The
following rates of land revenue is fixed for the towns of the district as
specified below.-- 1)
Aizawl and Lunglei Town areas - At Rs. 6 to
Rs. 18 per bigha per annum provided that an area less than half a bigha shall
be assessed to half a bigha and an area exceeding half a bigha but not
exceeding one bigha shall he assessed to one bigha, and but not exceeding one
bigha but not exceeding one and half bigha shall be assessed to one and half
bigha and an area exceeding 1/2 bigha but not exceeding 2, bighas shall be
assessed to two bighas and so on. 2)
Other Town areas.-- At the rate of Rs. 4 to
Rs, 12 per bigha per annum. 3)
Exemption from payment of house tax.-- The
Administrator shall, from time to time, classify the land within the town areas
into three grades and fix the rates of revenue in accordance with clauses 1 and
2 above, 4)
Payment of the land revenue as prescribed
above shall exempt a person from payment of house tax as prescribed in the
Lushai Hills District (Revenue Assessment) Regulation, 1953, if the house is
situated within the land for which he pays the land revenue. Land Revenue
payable in respect of any estate shall be due jointly and severally from all
persons who have been in possession of the estate or any part of it during any
portion of the financial year in respect of which that revenue is payable. Every
sum payable under this Act on account of land revenue, shall fall due on such
date, and shall be payable in such manner, in such installments, at such place
and to such person, as may be prescribed. Provided
that the Administrator may sanction remission of revenue to any deserving
person or persons due consideration being given to the nature and circumstances
of each case. Land
revenue not paid on the date when it falls due shall be deemed to be an arrear,
and every person liable for it shall be deemed to be defaulter. When
an arrear has accrued and additional charge any way or penalty not exceeding
the amount due from the defaulter shall be levied. Provided
that a notice of demand for payment of an arrear shall be issued within the
prescribed time and in the prescribed manner. For
the recovery of an arrear, the "Secretary of Department or any other
officer authorised in writing by the Administrator" may, in accordance
with the law for the time being in force for the administration of Justice in
the District, order attachment and sale of so much of a defaulter's moveable
property as well, as nearly as may be defrayed the arrear: Provided
that nothing in this section shall authorize the attachment and sale of
necessary wearing apparel implements of husbandry, tools of artisans, material
or houses and other buildings belonging to and occupied by the defaulter or
such cattle or seeds, and other necessary instruments and materials that may be
necessary to enable the defaulter to earn his livelihood as an agriculturist (1)
When an arrear has accrued in respect of any
land, settle permanently or temporarily with heritable or transferable
interests the Secretary to the Department or any other Officer authorised in
writing by the Administrator may order attachment of such land. (2)
Any attachment or sale of estate or
properties shall be final unless a claim or suit is lodged with a competent
court of law constituted under Lushai Hills Autonomous District (Administration
of Justice) Rules. Explanation:
A Village Council not be competent to enter claim or suit or adjudicate. 1)
Appeals in all revenue cases under this Act
shall be heard and disposed by the Administrator of Mizoram Provided
that nothing done on connection with the recognition on right and interest over
land shall prelude any person from bringing a suit in the competent civil court
for possession or, or declaration of his right to any immoveable property to
which he may deem himself entitled. 2)
The appeals to the Administrator shall be
preferred in such manner and within such time as may be prescribed, The
Administrator of Mizoram may, from time to time, may, rules for carrying out
the purposes of this Act. APPENDIX ?A? Form of general register Section (10) Serial No Owner?s Name
with father?s name Residence Description of
boundary with location Area in Bigha Rate per Bigha Amount of
revenue Reamrks
Preamble - THE MIZO DISTRICT (LAND AND
REVENUE) ACT, 1956PREAMBLE