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 20th April, 2012} P. Singthanga, Secretary to the Govt. of Mizoram
(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’.
(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, graveyards and other such common-use-land or area.” 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 Government.” 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
1. Short title, extent, and commencement-
2. Amendment of short title of the principal Act- 3 Amendment of section 2 of the principal Act- AN ACT further to amend the Mizoram (Prevention of Government Land Encroachment) Act, 2012 (Act No. 7 of 2001) (hereinafter referred to as the ‘ Principal Act’.)
It is enacted by the Legislative Assembly of the State of Mizoram in the Sixty-third year of the Republic of India as follows:
4. Substitution of section 3-
5. Substitution of section 4- Ex-210/2012 2 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 Government Land’ shall be substituted by the words, namely, ‘Public Land’.
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”.
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 encourages 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 exceeding 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 revision”.
(2) After sub-section (4) of Section 11 of the Principal Act, a new subsection 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”.
6. Amendment of section 5-
7. Amendment of section 7-
8. Amendment of section 9-
9. Substition of section 10-
10. Insertion of new section 10A-
11. Amendment of section 11- Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Govt. Press, Aizawl. C-500.
Ex-210/20123