The Mizoram Animal Slaughter Act, 2013 (Act No. 6 of 2013).
NOTIFICATION No. H. 12018/230/2013-LJD, the 1st May, 2013. The following Act of the Mizoram Legislative Assembly, which received the assent of the Governor of Mizoram is hereby published for general information. The Mizoram Animal Slaughter Act, 2013 (Act No. 6 of 2013). { Received the assent of the Governor of Mizora m on the 17th April, 2013} AN ACT to provide for the control of indiscriminate slaughter of animals for human consumption or industrial purposes and to provide for establishment of recognized slaughter houses in the state of Mizoram and any other matters connected wit h it. It is enacted by the Legislative Assembly of Mizoram in the Sixty fourth year of the Republic of India as follow. CHAPTER-1PRELIMINARY1 . Short title, extent and commencement.(1) This act shall be called “The Mizoram Animal Slaughter Act-2013” (2) It shall ext end to the whole of the state of Mizoram excluding the areas of the Autonomous District Councils. (3) It shall come into force on such date as the State Government may, by notification in the official gazette, a ppoint a nd different da tes may be appointed for different pr ovision of the Act, or for different ar eas. 2 . DefinitionIn this Act , unless the context otherwise requir es:- (a) “Animals” means- (i)Cattle, buffaloes, mithuns, The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 2.5.2013 Vaisakha 12, S.E. 1935, Issue No. 219RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page - 2 - Ex-219/2013 (ii) Sheep, goats, dogs, pigs, rabbits; (iii) Fowls, poult ry and other birds of all species; (iv) Such ot her animals whether domesticated or not as may be notified by the Government; (b) “Certifica te” means a certifica te issued by the Meat Inspector to the effect of the health condition of the animal examined; ( c ) “Department” means Animal Husbandry and Veterinary Department, Government of Mizor a m; (d) “Director” means the Director of Animal Husbandry and Veterinary Department, Government of Mizoram; ( e) “Diseased animal” means a nimals infected with Scheduled diseases; (f) “Government” means the Government of Mizoram; (g) “Infected animal” means an animal which is infect ed with Scheduled diseases; (h) “Meat inspector” means any officer appointed as such under Sub-section (1) of Section 4. (i)“Not ification” means notification published in the Official Gazette; (j)“Official Gazette” means the Mizoram Gazette; (k) “Owner” means person or persons in charge of the a nimal a t that time; (l)“Schedule” means the schedule of diseases appended to this Act; (m) “ Scheduled diseases” means any disease included in the Schedule, which Government may by notification in the Official Gazette, declare as an infectious or contagious disease ; (n) “State” means the State of Mizoram (o) “Veterinary Practitioner” means any person holding degree of Bachelor of Veterinary Science and Animal Husbandry from Government recognized University and registered in the Mizoram State Veterinary Council. CHAPTER-IIRESTRICTION ON INDISCRIMINATE SLAUGHTER OF ANIMALS ANDESTABLISHMENT OF SLAUGHTER HOUSE.3 . Restriction on slaughter of animals in places other than recognized slaughter houses.(1) On a nd from the commencement of this Act , no animal, meant for human consumption and sale in the recognized market, shall b e slaughtered in any places other than the recognized slaughter houses. (2) Diseased animals or suspected to be diseased shall not be allowed to be slaughtered in such slaughter houses, and there shall be provision to segregate and isolate such animals for treatment or destruct ion as deemed fit by t he Meat Inspector. (3) For the purpose of determining the fitness of an animal for slaughter for human cons umption, an exa miner to be ca lled “Meat Inspector” shall be appointed. (4) Slaughter houses s hall be established in confor mity with the technica l norms prescr ibed by the Department, either by the Government, Municipality or any other party authorized by the Government. 4 . Appointment of Meat Inspector.(1) The Government sha ll appoint Meat Inspectors to examine all the animals brought to the slaughter houses for slaughter and issue of certificate. (2) Any r egistered veterinar y practitioner r egistered wit h the Mizora m State Veterina ry Council shall be qualified to be a ppointed as Meat Inspector. (3) The Meat Inspector so appointed shall be the authority to determine the soundness of an animal for slaughter and its fitness for the pur pose of human consumption. CHAPTER-IIIEXAMINATION OF ANIMALS AND SEGREGATION AND DESTRUCTION OFANIMALS UNFIT FOR SLAUGHTER.5 . Examination of animalsEvery animal brought to the slaughter house for slaughter shall be :- (a ) subjected to ante-mortem examina tion, to determine its fitness for slaughter for human consumption; (b) segregated if found unfit for either treatment or destruction as deemed proper by the Meat Inspector; (c ) allowed to be slaughtered, if found fit. 6 . Identification of animalsEvery animal found to be fit for slaughter shall be properly identified by applying identification marks to separate them from the unfit animals. 7 . Destruction of unfit animalsEvery animal found to be unfit for slaughter shall be:- (a ) caused to be destr oyed in a manner deemed proper by t he meat inspector; (b) properly identified by applying identification marks to separ ate them from the healthy animals CHAPTER-IVEXAMINATION AND STAMPING OF THE CARCASS8 . Post-mortem examinationEvery carcass of t he slaughtered animal shall be :- (a ) subjected to post-mortem examina tion to determine its fitness for human consumption ; (b) segregated for destruction if found unfit. (c ) allowed for sale, if found fit. 9 . Stamping of sound meatEvery carca ss found to be fit for cons umption shall be:- (a) identified by putting stamp marks using appropriate materials. (b) issued a certifica te stating its fitness for consumption; 1 0 . Destruction of unfit meatEvery carca ss found unfit for human consumption shall :- (a ) not be allowed to be sold in the mar ket; (b) be caused to be destroyed in a ma nner deemed fit by the Author ity. CHAPTER-VOFFENCE AND PENALTIES11. Offence and penalties Any person who- (a) knowingly allows an unfit animal to be slaughtered or an unfit carcass to be sold for consumption;- 3 -Ex-219/2013 (b) obstructs an examiner who shall examine the animals and carcasses to determine its fitness for slaughter and consumption a s per the provision of this Act; (c ) obstructs the destruction or r efuses to destroy the unfit animals or ca rcasses under section 10 of this Act; (d) is or has been functioning as an examiner, fails to issue necessary certificates intentionally; ( e ) is or has been functioning as an examiner and issue certificates contrar y to the provision of this Act; (f) is or has been functioning as an examiner and fails to take necessary steps as required in this Act; (g) commits any other offences or does anything contrary to any provision of this Act or a ny rule, or der or dir ection ma de or given under this Act; sha ll b e punished wit h impr isonment for a ter m which may extend to one month or with fine which may extend to five hundred rupees or with both. CHAPTER-VIMISCELLANEOUS PROVISION12.Power to issue instruction.The Government may in furtherance to control indiscriminate slaughter of animals and prevent slaughter of unhealthy animals a nd thus prevent spread of dis eases which ma y pose a threat to public health, issue such direction to Department or a ny other authority under this Act fr om time to time as it may deem fit and every such direction be complied with. 1 3 . Officers and employees to discharge their duties under this Act.All officers and other employees of the Government or any other body under this Act shall exer cise their power and discharge their duties conferred or imposed on them by or under this Act in accordance with su ch orders, not inconsistent with the provision of this Act, as the Government may issu e from time to t ime. 1 4 . Power to add or omit from the schedule animal diseases.The Government may, by notification, add to or omit from the schedule of diseases any animal diseases and the sa id disease shall, from the date of notification be deemed to have been added or omitted from the Schedule. 15. Delegation of powerThe Government may, by notification, delegate to any Officer of the Depa rtment or authority subordinate to it, all or any of the powers conferred on it by or under this Act. 1 6 . Protection for action taken under this Act.No suit, prosecution or other legal proceedings shall lie against any person for anything done in good faith under this Act or the rules made there under. 1 7 . Power to remove difficulties.If a ny difficulty arises in giving effect to the provision of this Act, the Government may, by order published in the Official Ga zette make such provision of this Act, as appear to it to be necessary or expedient for r emoval of the difficulty. 1 8 . Power to make rules.(1) The Government may by notification in the Officia l Gazette make rules for carr ying out the purpose of this Act.- 4 - Ex-219/2013 (2) In particular and without prejudice to the gener ality of the foregoing provision, such rules may provide for all or any of the following matters, namely:- (a ) Conducting ante-mortem and post-mortem examination; (b) The manner in which healt hy animals and unhealthy animals shall be segregated; (c ) The manner in which healt hy and unhealthy animal shall be mar ked; (d) The manner in which unhealthy animal shall be disposed off; ( e) The manner in which healt hy animal sha ll be slaughtered; (f) The manner in which healt hy meat shall be identified a nd mar ked; (g) The manner in which the unfit meat shall be destroyed; (h) The manner in which the offal sha ll be disposed of; (i)The manner in which the recognized market sell meat shall be esta blished, mainta ined and inspected; (j)The manner in which butchers shall be licensed and employed; (k) Any other matter r equired to be prescribed for the pr oper implementation of this Act. (3) Every rule made under this Act shall be laid, as soon as it is possible, before the Legislative Assembly of Mizoram while it is in session for a total period of seven days which may be comprised in one session or in two successive sessions. SCHEDULED DISEASESPART – ILIST-A DISEASES :- Communica ble diseases which have the potentia l for very serious and rapid spread, irrespective of national borders, which are at serious s ocio-economic, public health, consequence and which a re major importance in the International Tr ade of livestock and livestock products. 1.FOOT AND MOUTH DISEASE (FMD) 2.FMD-Virus O 3.FMD-Viru s A 4.FMD-Virus C 5.FMD-Virus Asia – 1 6.FMD-Virus not typed 7.Rinder p est 8.Peste des petis ruminants 9.Contagious bovine pleuropneumonia 10. Bluetongue 11. Sheep pox a nd Goat pox 12. Hog C holera (Swine Fever) 13. Newcastle disease (R anikhat disease) PART – IILIST B. DISEASES :- Communicable diseases which are considered to be of socio-economic, public health importance and which are significant in the Int ernational tra de of livestock and livestock products. (a ) MULTIPLE SPECIES DISEASES 1.Anthrax 2.Enchinococcosis/Hydatidosis 3.Leptopirosis 4.Rab ies 5.Paratuberculosis (Johne’s disease) (b) CATTLE DISEASES 1.Anaplasmosis- 5 -Ex-219/2013 2.Babesiosis 3.Bovine brucellosis (B.abortus) 4.Bovine genita l campylobacteriosis 5.Bovine tuberculosis (Mycobacterium bovis) 6.Cysticercosis(C. Bovis) 7.Dermotophilosis 8.Enzootic bovine leucosis 9.Haermorrhagic septicaemia 10. Infectious bovine rhinotr acheitis (IBR/IPV) 11. Theileriasis 12. Trichomoniasis 13. Trypanasomiasis ( c ) BUFFALO DISEASES 1.Babesiosis 2.Bovine brucellosis (B.abortus) 3.B.genital campylobacteriosis 4.Bovine tuberculosis (Mycrobacterium bovis) 5.Cysticercossis (C.Bovis) 6.Ha emorrnagic septicaemia 7.Infectious bovine rhinotr acheitis (IBR/IPV) 8.Trichomoniasis 9.Trypanosomiasis (d) SHEEP AND GOAT DISEASES 1.Capr ine and Ovine br ucellosis (B. Melitensis) 2.Contagious agala ctia 3.Conta gious ca prine pleuopneumonia 4.Enzootic abor tion of ewes. ( e ) EQUINE DISEASES 1.Equine infectious anemia 2.Equine influenza (Virus type A) 3.Equine piroplasmosis (Babesiosis) 4.Equine rhinopneumonitis 5.Glanders 6.Infectious arteritis of horses 7.Horse mange 8.Salmonellosis (S.abortur equi) 9.Surra (T. evansi) ( f) SWINE DISEASES 1.Cysticercosis (C. Cellusosae) 2.Porcine brucellosis (B. suis) ( g ) AVIAN DISEASES 1.Avia n infectious bronchitis 2.Avia n infectious laryngotracheitis 3.Avian tuberculosis 4.Duck hepatitis 5.Fowl Cholera 6.Fowl pox 7.Fowl Typhoid (S. gallinarum)- 6 - Ex-219/2013 8.Infectious bursal disease (Gumboro disease) 9.Marek’s disease 10. Mycoplasmosis (M. gallisepticum) 11. Pullorum disea se (S. Pollorum) (h) OTHER DISEASE. 1.Leishmania sis PART – IIILIST C : DISEASES :- Communicable diseases with important s ocio-economic and/or sanitar y influence (a ) MULTIPLE SPECIES DISEASES 1.Listeriosis 2.Blackleg 3.Botulism 4.Other clostridial infect ions 5.Other pasteurellosis 6.Actinomycosis 7.Intestinal S almonella Infections 8.Coccidiosis 9.Histomatosis (Liver Fluke) 10. Filariasis (b) SHEEP AND GOAT DISEASES 1.Contagious pustular dermatitis 2.Foot-rot 3.Contagious ophthalmia 4.Enterotoxaemia 5.Sheep ma nge ( c ) EQUINE DISEASE (1)Strangles (d) SWINE DISEASE 1.Swine erysip elas ( e ) AVIAN DISEASES 1.Infectious coryza 2.Avia n encephalomyelitis 3.Avia n spir ochaetosis(Fowl spirochaetosis) 4.Avian salmonellosis(Excluding Fowl typhoid and pullor um diseases) 5.Avia n Leucosis ( f ) CANINE AND FELINE DISEASE 1.Canine distemper. Secretary, Law & Judicia l Department, Govt. of Mizoram. - 7 -Ex-219/2013 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
NOTIFICATION No. H. 12018/230/2013-LJD, the 1st May, 2013. The following Act of the Mizoram Legislative Assembly, which received the assent of the Governor of Mizoram is hereby published for general information. The Mizoram Animal Slaughter Act, 2013 (Act No. 6 of 2013). { Received the assent of the Governor of Mizora m on the 17th April, 2013} AN ACT to provide for the control of indiscriminate slaughter of animals for human consumption or industrial purposes and to provide for establishment of recognized slaughter houses in the state of Mizoram and any other matters connected wit h it. It is enacted by the Legislative Assembly of Mizoram in the Sixty fourth year of the Republic of India as follow. CHAPTER-1PRELIMINARY1 . Short title, extent and commencement.(1) This act shall be called “The Mizoram Animal Slaughter Act-2013” (2) It shall ext end to the whole of the state of Mizoram excluding the areas of the Autonomous District Councils. (3) It shall come into force on such date as the State Government may, by notification in the official gazette, a ppoint a nd different da tes may be appointed for different pr ovision of the Act, or for different ar eas. 2 . DefinitionIn this Act , unless the context otherwise requir es:- (a) “Animals” means- (i)Cattle, buffaloes, mithuns, The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 2.5.2013 Vaisakha 12, S.E. 1935, Issue No. 219RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page - 2 - Ex-219/2013 (ii) Sheep, goats, dogs, pigs, rabbits; (iii) Fowls, poult ry and other birds of all species; (iv) Such ot her animals whether domesticated or not as may be notified by the Government; (b) “Certifica te” means a certifica te issued by the Meat Inspector to the effect of the health condition of the animal examined; ( c ) “Department” means Animal Husbandry and Veterinary Department, Government of Mizor a m; (d) “Director” means the Director of Animal Husbandry and Veterinary Department, Government of Mizoram; ( e) “Diseased animal” means a nimals infected with Scheduled diseases; (f) “Government” means the Government of Mizoram; (g) “Infected animal” means an animal which is infect ed with Scheduled diseases; (h) “Meat inspector” means any officer appointed as such under Sub-section (1) of Section 4. (i)“Not ification” means notification published in the Official Gazette; (j)“Official Gazette” means the Mizoram Gazette; (k) “Owner” means person or persons in charge of the a nimal a t that time; (l)“Schedule” means the schedule of diseases appended to this Act; (m) “ Scheduled diseases” means any disease included in the Schedule, which Government may by notification in the Official Gazette, declare as an infectious or contagious disease ; (n) “State” means the State of Mizoram (o) “Veterinary Practitioner” means any person holding degree of Bachelor of Veterinary Science and Animal Husbandry from Government recognized University and registered in the Mizoram State Veterinary Council. CHAPTER-IIRESTRICTION ON INDISCRIMINATE SLAUGHTER OF ANIMALS ANDESTABLISHMENT OF SLAUGHTER HOUSE.3 . Restriction on slaughter of animals in places other than recognized slaughter houses.(1) On a nd from the commencement of this Act , no animal, meant for human consumption and sale in the recognized market, shall b e slaughtered in any places other than the recognized slaughter houses. (2) Diseased animals or suspected to be diseased shall not be allowed to be slaughtered in such slaughter houses, and there shall be provision to segregate and isolate such animals for treatment or destruct ion as deemed fit by t he Meat Inspector. (3) For the purpose of determining the fitness of an animal for slaughter for human cons umption, an exa miner to be ca lled “Meat Inspector” shall be appointed. (4) Slaughter houses s hall be established in confor mity with the technica l norms prescr ibed by the Department, either by the Government, Municipality or any other party authorized by the Government. 4 . Appointment of Meat Inspector.(1) The Government sha ll appoint Meat Inspectors to examine all the animals brought to the slaughter houses for slaughter and issue of certificate. (2) Any r egistered veterinar y practitioner r egistered wit h the Mizora m State Veterina ry Council shall be qualified to be a ppointed as Meat Inspector. (3) The Meat Inspector so appointed shall be the authority to determine the soundness of an animal for slaughter and its fitness for the pur pose of human consumption. CHAPTER-IIIEXAMINATION OF ANIMALS AND SEGREGATION AND DESTRUCTION OFANIMALS UNFIT FOR SLAUGHTER.5 . Examination of animalsEvery animal brought to the slaughter house for slaughter shall be :- (a ) subjected to ante-mortem examina tion, to determine its fitness for slaughter for human consumption; (b) segregated if found unfit for either treatment or destruction as deemed proper by the Meat Inspector; (c ) allowed to be slaughtered, if found fit. 6 . Identification of animalsEvery animal found to be fit for slaughter shall be properly identified by applying identification marks to separate them from the unfit animals. 7 . Destruction of unfit animalsEvery animal found to be unfit for slaughter shall be:- (a ) caused to be destr oyed in a manner deemed proper by t he meat inspector; (b) properly identified by applying identification marks to separ ate them from the healthy animals CHAPTER-IVEXAMINATION AND STAMPING OF THE CARCASS8 . Post-mortem examinationEvery carcass of t he slaughtered animal shall be :- (a ) subjected to post-mortem examina tion to determine its fitness for human consumption ; (b) segregated for destruction if found unfit. (c ) allowed for sale, if found fit. 9 . Stamping of sound meatEvery carca ss found to be fit for cons umption shall be:- (a) identified by putting stamp marks using appropriate materials. (b) issued a certifica te stating its fitness for consumption; 1 0 . Destruction of unfit meatEvery carca ss found unfit for human consumption shall :- (a ) not be allowed to be sold in the mar ket; (b) be caused to be destroyed in a ma nner deemed fit by the Author ity. CHAPTER-VOFFENCE AND PENALTIES11. Offence and penalties Any person who- (a) knowingly allows an unfit animal to be slaughtered or an unfit carcass to be sold for consumption;- 3 -Ex-219/2013 (b) obstructs an examiner who shall examine the animals and carcasses to determine its fitness for slaughter and consumption a s per the provision of this Act; (c ) obstructs the destruction or r efuses to destroy the unfit animals or ca rcasses under section 10 of this Act; (d) is or has been functioning as an examiner, fails to issue necessary certificates intentionally; ( e ) is or has been functioning as an examiner and issue certificates contrar y to the provision of this Act; (f) is or has been functioning as an examiner and fails to take necessary steps as required in this Act; (g) commits any other offences or does anything contrary to any provision of this Act or a ny rule, or der or dir ection ma de or given under this Act; sha ll b e punished wit h impr isonment for a ter m which may extend to one month or with fine which may extend to five hundred rupees or with both. CHAPTER-VIMISCELLANEOUS PROVISION12.Power to issue instruction.The Government may in furtherance to control indiscriminate slaughter of animals and prevent slaughter of unhealthy animals a nd thus prevent spread of dis eases which ma y pose a threat to public health, issue such direction to Department or a ny other authority under this Act fr om time to time as it may deem fit and every such direction be complied with. 1 3 . Officers and employees to discharge their duties under this Act.All officers and other employees of the Government or any other body under this Act shall exer cise their power and discharge their duties conferred or imposed on them by or under this Act in accordance with su ch orders, not inconsistent with the provision of this Act, as the Government may issu e from time to t ime. 1 4 . Power to add or omit from the schedule animal diseases.The Government may, by notification, add to or omit from the schedule of diseases any animal diseases and the sa id disease shall, from the date of notification be deemed to have been added or omitted from the Schedule. 15. Delegation of powerThe Government may, by notification, delegate to any Officer of the Depa rtment or authority subordinate to it, all or any of the powers conferred on it by or under this Act. 1 6 . Protection for action taken under this Act.No suit, prosecution or other legal proceedings shall lie against any person for anything done in good faith under this Act or the rules made there under. 1 7 . Power to remove difficulties.If a ny difficulty arises in giving effect to the provision of this Act, the Government may, by order published in the Official Ga zette make such provision of this Act, as appear to it to be necessary or expedient for r emoval of the difficulty. 1 8 . Power to make rules.(1) The Government may by notification in the Officia l Gazette make rules for carr ying out the purpose of this Act.- 4 - Ex-219/2013 (2) In particular and without prejudice to the gener ality of the foregoing provision, such rules may provide for all or any of the following matters, namely:- (a ) Conducting ante-mortem and post-mortem examination; (b) The manner in which healt hy animals and unhealthy animals shall be segregated; (c ) The manner in which healt hy and unhealthy animal shall be mar ked; (d) The manner in which unhealthy animal shall be disposed off; ( e) The manner in which healt hy animal sha ll be slaughtered; (f) The manner in which healt hy meat shall be identified a nd mar ked; (g) The manner in which the unfit meat shall be destroyed; (h) The manner in which the offal sha ll be disposed of; (i)The manner in which the recognized market sell meat shall be esta blished, mainta ined and inspected; (j)The manner in which butchers shall be licensed and employed; (k) Any other matter r equired to be prescribed for the pr oper implementation of this Act. (3) Every rule made under this Act shall be laid, as soon as it is possible, before the Legislative Assembly of Mizoram while it is in session for a total period of seven days which may be comprised in one session or in two successive sessions. SCHEDULED DISEASESPART – ILIST-A DISEASES :- Communica ble diseases which have the potentia l for very serious and rapid spread, irrespective of national borders, which are at serious s ocio-economic, public health, consequence and which a re major importance in the International Tr ade of livestock and livestock products. 1.FOOT AND MOUTH DISEASE (FMD) 2.FMD-Virus O 3.FMD-Viru s A 4.FMD-Virus C 5.FMD-Virus Asia – 1 6.FMD-Virus not typed 7.Rinder p est 8.Peste des petis ruminants 9.Contagious bovine pleuropneumonia 10. Bluetongue 11. Sheep pox a nd Goat pox 12. Hog C holera (Swine Fever) 13. Newcastle disease (R anikhat disease) PART – IILIST B. DISEASES :- Communicable diseases which are considered to be of socio-economic, public health importance and which are significant in the Int ernational tra de of livestock and livestock products. (a ) MULTIPLE SPECIES DISEASES 1.Anthrax 2.Enchinococcosis/Hydatidosis 3.Leptopirosis 4.Rab ies 5.Paratuberculosis (Johne’s disease) (b) CATTLE DISEASES 1.Anaplasmosis- 5 -Ex-219/2013 2.Babesiosis 3.Bovine brucellosis (B.abortus) 4.Bovine genita l campylobacteriosis 5.Bovine tuberculosis (Mycobacterium bovis) 6.Cysticercosis(C. Bovis) 7.Dermotophilosis 8.Enzootic bovine leucosis 9.Haermorrhagic septicaemia 10. Infectious bovine rhinotr acheitis (IBR/IPV) 11. Theileriasis 12. Trichomoniasis 13. Trypanasomiasis ( c ) BUFFALO DISEASES 1.Babesiosis 2.Bovine brucellosis (B.abortus) 3.B.genital campylobacteriosis 4.Bovine tuberculosis (Mycrobacterium bovis) 5.Cysticercossis (C.Bovis) 6.Ha emorrnagic septicaemia 7.Infectious bovine rhinotr acheitis (IBR/IPV) 8.Trichomoniasis 9.Trypanosomiasis (d) SHEEP AND GOAT DISEASES 1.Capr ine and Ovine br ucellosis (B. Melitensis) 2.Contagious agala ctia 3.Conta gious ca prine pleuopneumonia 4.Enzootic abor tion of ewes. ( e ) EQUINE DISEASES 1.Equine infectious anemia 2.Equine influenza (Virus type A) 3.Equine piroplasmosis (Babesiosis) 4.Equine rhinopneumonitis 5.Glanders 6.Infectious arteritis of horses 7.Horse mange 8.Salmonellosis (S.abortur equi) 9.Surra (T. evansi) ( f) SWINE DISEASES 1.Cysticercosis (C. Cellusosae) 2.Porcine brucellosis (B. suis) ( g ) AVIAN DISEASES 1.Avia n infectious bronchitis 2.Avia n infectious laryngotracheitis 3.Avian tuberculosis 4.Duck hepatitis 5.Fowl Cholera 6.Fowl pox 7.Fowl Typhoid (S. gallinarum)- 6 - Ex-219/2013 8.Infectious bursal disease (Gumboro disease) 9.Marek’s disease 10. Mycoplasmosis (M. gallisepticum) 11. Pullorum disea se (S. Pollorum) (h) OTHER DISEASE. 1.Leishmania sis PART – IIILIST C : DISEASES :- Communicable diseases with important s ocio-economic and/or sanitar y influence (a ) MULTIPLE SPECIES DISEASES 1.Listeriosis 2.Blackleg 3.Botulism 4.Other clostridial infect ions 5.Other pasteurellosis 6.Actinomycosis 7.Intestinal S almonella Infections 8.Coccidiosis 9.Histomatosis (Liver Fluke) 10. Filariasis (b) SHEEP AND GOAT DISEASES 1.Contagious pustular dermatitis 2.Foot-rot 3.Contagious ophthalmia 4.Enterotoxaemia 5.Sheep ma nge ( c ) EQUINE DISEASE (1)Strangles (d) SWINE DISEASE 1.Swine erysip elas ( e ) AVIAN DISEASES 1.Infectious coryza 2.Avia n encephalomyelitis 3.Avia n spir ochaetosis(Fowl spirochaetosis) 4.Avian salmonellosis(Excluding Fowl typhoid and pullor um diseases) 5.Avia n Leucosis ( f ) CANINE AND FELINE DISEASE 1.Canine distemper. Secretary, Law & Judicia l Department, Govt. of Mizoram. - 7 -Ex-219/2013 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500The Mizoram (Land Revenue) Act, 2013 (Act No. 5 of 2013)
NOTIFICATION No. H. 12018/229/2013-LJD, the 1st May, 2013. The following Act of the Mizoram Legislative Assembly, which received the assent of the Governor of Mizoram is hereby published for general information. The Mizoram (Land Revenue) Act, 2013 (Act No. 5 of 2013) {Received the assent of the Governor of Mizoram on the 17th April, 2013}. AN ACT to make provisions for allotment, occupation, use or setting apa rt of land other than any land which is a notified forest or wildlife sanctuary, for agricultural and non-agricultural purposes, for allotment or assignment of r ights in or over such land, for land tenur es, transfer and alienation, for assessment and collection of revenue and taxes in respect of such land and building, etc and to consolidate the laws to all such lands relating to Land Revenue Administration in the State of Mizora m and for matters connected therewith and incidental thereto. It is enact ed by t he Legislative Assembly of the State of Mizor am in the sixty-fourth Year of the Republic of India a s follows:- CHAPTER- I PRELIMINARY 1 . Short title, extent and commencement (1) This Act may be called The Mizoram (Land Revenue) Act, 2013. (2) It shall extend to the whole of Mizoram except the ar ea of Autonomous Districts of Lai, Mara and Chakma. (3) It shall come into force on such date or dates as the State Government may, by notification in the Officia l Gazette, appoint, and different dates may be appointed for different pr ovisions of the Act.The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 2.5.2013 Vaisakha 12, S.E. 1935, Issue No. 218RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page - 2 - Ex-218/2013 2 . Definitio ns In this Act, unless there is something repugnant to the subject or cont ext, (1) “agriculture” includes horticulture, the raising of annual or periodical crops, or ga rden produce, pla nting and upkeep of or cha rds or pla ntation, dair y fa rming, poult ry far ming, live-stock br eeding, grazing and piscicu lture and the express ion, “non-agriculture”, shall be construed accordingly; (2) “agricultural land” means land which is used or is capable of being used for agricultural purposes and includes land u nder homesteads occupied for residential purposes in connection with agricultural holdings and the expression, “non-agricultural land”, shall be construed accordingly; (3) “allotment” means a llocation or a pportionment of land or part of it to a specific person or body of persons having legal entity known as the allottee by the State Government or the competent authority in this behalf; (4) “apa rtment” means and includes a part of property intended for any type of independent use including one or more floors (on p art or parts thereof) in a building or buildings intended to be used for residence including group housing on co-operative basis, office, practice of any profession or carrying on of any occupation, trade or business or for other type of independent use and with a direct exit to a public str eet, roa d, or highway or to a common a rea lea ding to such street, road or highway ; (5) “apartment number” means the number, letter or combination thereof designating the apartment in the Land Settlement (Apartment) Certificate; (6) “apa rtment owner” means the person or persons owning an a partment and an undivided interest in the common ar eas and facilities in the percentage specified in the Land Settlement (Apartment) Certificate and includes an outright purchaser or a hire purchase allotee of such apartment and undivided interest; (7) “arr ears of land-revenue” means la nd-revenue which remains unpa id after the date on which it becomes payable; (8) “benami tra nsaction” : or “transa ction in benami” means any transact ion defined as such in the Benami Transaction (Prohibition) Act, 1988 (Central Act no. 45 of 1988); (9) “boundary” means the limits, dividing lines or partitioning of two adjoining or contiguous pieces of land; (10) “building” means a house, out house or other roofed structure whether ma sonry, brick, wood, mud, metal or any other material whatsoever but does not include a tent or other portable and temporary shelter; (11) “Cer tificat e of La nd Sett lement” or “La nd Settlement C ertific ate” mea ns a certific ate gr a nted under section 11 of the Mizo Distr ict (La nd and Revenue) Act, 1956 or section 4(2) of the Mizo District (Agricultural Land) Act, 1963, as adapted and includes a similar certificate issued under this Act; (12) “Collector” means the Depu ty Commissioner of a district and includes a n Additional Deputy Commissioner or any other officer appointed by the S tate Government to exercise and perform all or any of the functions of a Collect or under this Act; (13) “Common Areas and Fa cilit ies” u nless and otherwise provided in the Certificate of La nd Sett lement (Apartment) mea ns – (a ) land on which a building is loca ted; (b) the foundations, columns, girders, beams, suppor ts, main walls , roofs , halls, corridors, lobbies, stair s, stairways, terra ce, compound wa lls, fire esca pes, wells, dumps a nd entr ances a nd exits of the building ; (c ) the basement, cellars, ya rds, ga rdens, parking areas a nd stor age spa ces; (d) the premises for looking after of caretaker or persons employed for maintenance of the property; ( e) water supply, sewerage and draina ge connections and the insta llations of other services like power, light gas, hot and cold water heating, refrigerator, air conditioning and incinera ting; (f) the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installa tions existing for the common use; (g) such other community and commercial facilities as may be prescribed and (h) all other pa rts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use; (14) “competent authority”, in relation to a ny provision, means any officer appointed by the State Government to be the competent authority for the purpose of that provision under this Act; (15) “Deputy Commissioner” mea ns a Deputy Commissioner of a distr ict; (16) “Domicile of the S tate” or “domiciled in the S tate”, with reference to the State of Mizoram, means any r esident of the State, whose family ha s been residing in M izoram prior to 26th January, 1950; (17) “Family” means persons such as parents, childr en and descendants including servants who live in one house and us e common kitchen; (18) “far m” means a tra ct of land for ming a single property and devoted to cultivation of land and growing agr icultur al and horticultural crops including trees and bamboos, ra ising livestock or aqua tic animal and production of dairies and allied activities; (19) “holding” means a parcel of land separately assess ed to land revenue; (20) “improvement,” in r elation to any land, means any work or product of work which materially adds to the value of the land and which is suitable to the land and consistent with the chara cter thereof. (21) “land” means broadly any gr ound, soil or earth, whether covered or not, and which is or may be utilized for agricultural or non-agricultural purposes or purposes subservient thereto and includes benefits to arise out of such land, a nd things atta ched to the earth or permanently fastened to anything atta ched to the earth; (22) “land-holder” means holder of a parcel of land or a pr oprietor of la nd, who is resp onsible for the payment of la nd revenue; (23) “land revenue” means any revenue a ssessed by the State Government on the land and includes any tax a ssess ed in lieu of la nd r evenue or all moneys des cribed as p remium, rent, lea se, money, charge, fee, cess or in any other manner, in any enactment, contract or similar instruments; (24) “local authority” means a Municip al Boar d/Council, any Urban Development Authority, Town Committee, Land Advisory Committee, Local Council or Village Council; (25) “mutation” means the process of change or alteration or substitution of the name of the previous land owner t o the name of the new land owner; (26) “Official Gazette” means the Mizoram Gazette; (27) “person” includes an individual, a firm, a Company or an association or a body of individuals whether incorpora ted or not; (28) “premium” means a lump sum amount of money paid as a consider ation for the a llotment of land; (29) “prescribed” means prescribed by rules made under this Act; (30) “private ma rket” shall be deemed to be synonymous with the expression “bazaar ” and shall mean;- (i) a place where persons assemble for the sale of or the purpose of exposing for sale of meat, fish, fruit s, vegetables, livestock or any other ar ticles or food or a perishable nature, whether or not there is a ny collection of shops or warehouses or sta lls for the sale of other articles in such place, or (ii) any place of trade or business other than a place referred to in sub-clause (i) where there is a collection of shops or warehouses or sta lls; (31) “Public Investment Board” means Mizoram P ublic Investment Board constituted for screening and clearing proposals for using land for industrial purposes or for setting up of public institutions namely:- schools, colleges, hospitals, or for contra ct farming;- 3 -Ex-218/2013 (32) “public place” means any place which is open to t he common use and enjoyment of the public, whether it is actually used or enjoyed by the public or not, and includes a common space meant for public use; (33) “public pur pose” shall have the same meaning as defined in clause (f) of section 3 of the Land Acquisition Act, 1894 as a mended from time to time; (34) “rent” means whatever is lawfully payable in cash or in kind, partly in cash and partly in kind, whether as a fixed quantity of produce or as a share of the produce, on account of the us e or occupation of land or on a ccount of any r ight in land but shall not include la nd revenue; (35) “Reserved Forest” means any area which is surveyed and notified as such under the Assam Forest Regulation, 1891 or under the Mizo District (F orest) Act, 1955 or under any other law for the time being in force in the area in quest ion; (36) “Revenue Officer” means an officer of any rank whosoever appointed under or employed for the purposes of this Act; (37) “Settlement Officer” means a Settlement Officer appoint ed under the Mizoram (Land Survey and Settlement Operation) Act, 2003 (No. 4 of 2003) as amended from time to t ime; (38) “shop” means any pr emises where any trade or business is carried on and where services are rendered to customers; (39) “sta ll” means a sma ll shop with an open front where people sell things in it at a ma rket or any other pla ce; (40) “State” means the State of Mizoram; (41) “Sta te Government” or “Government” means the Government of Mizoram; (42) The express ions ‘Survey’, ‘Survey mark’ and ‘Sur vey Officer ’ shall ha ve the same meaning as r espectively assigned to these under the Mizor am (Land Survey and Settlement Operation) Act, 2003 (No. 4 of 2003) as amended from time to time; (43) “tax” means a sum of money collect ed by the collecting authorities at the rate fixed by the Government from time to time from the domicile of the State of M izoram excluding the a reas of t he Autonomous District Council on a ccount of living in Mizoram and the owner of building or apartment let out for residential and other purposes; (44) “Town” means a village or group of villages where allotment of sites for r esidential and non residential purposes reserved for the Government which ma y be notified in Official Gazette fr om t ime to time; (45) “Tribal” means a person who belongs to one of the Scheduled Tribes for the State of Mizoram and specified as such by an order or orders ma de by the President of India under Article 342(1) of the Constitution of India in s o far a s the specification pertains to Mizoram; (46) “Tribunal” means a Revenue Tribuna l constituted under this Act a nd for the purposes of this Act; (47) “Vacant Land” means any land which has not been allotted to anyone, whether occupied or un-occupied and over which nobody has a cquired any right under the Act, but shall not include any land within any surveyed and notified forest or wildlife sanctua ry and any land comprising any Government or public r oad; (48) The express ions, ‘Village’, ‘Village Council’ a nd ‘Village Council P resident’, sha ll have the same meaning respectively as assigned to each of these under the Lushai Hills District (Village Councils) Act, 1953 as amended from time to time, and declared as a revenue village under the provisions of the M izoram (Land Survey and Settlement O peration) Act, 2003 and the rules ma de ther eu nder. (49) “Year” means a year commencing on the first da y of April.- 4 - Ex-218/2013 CHAPTER – II REVENUE DIVISIONS, REVENUE OFFICERS, THEIR APPOINTMENT AND POWERS. 3.Chief Controlling Authority The State Government shall b e the Chief Controlling Authority in all matters relating to la nd allot ment and land revenue administra tion under this Act. Provided that under the overall s upervision of the Chief Contr olling Authority, the Director of Land Revenue and Settlement shall function as the Contr oller of Land R ecords for the purposes of this Act. 4 . Power to create, alter or abolish revenue divisions, districts, sub-divisions The State Government may, by notification in t he official Gazette, divide the area to which this Act extends into one or more r evenue divisions, and may similarly divide any division into districts, any district into Sub-divisions, any sub-division into circles and circles into villages, and may create as such, alter the limits of, amalgamate, or abolish any such divisions, districts, sub-divisions, circles or villages. 5 . Procedure for constitution, abolition, etc. of Revenue divisions, districts, sub-divisions, circles or villages Before the publication of any notification under Section 4 declaring a ny area to be a revenue division, district, sub-divis ion, circle or village or altering the limits of any division, district, sub-division, circle or village, or abolishing any division, district, sub-division, circle or village, the State Government shall publish in the Official Ga zette or in such manner as may be prescribed, a notice of the proposal inviting objections or suggestions, if any, fr om the general public of the area a nd shall take into cons ideration any objections or suggestions on such proposal, after giving r easonable oppor tunities of hear ing to the persons or public so interested. 6 . Appointment of Revenue Officers (1) The State Government or such Officer as ma y be authorized by the Government in this behalf, may, by notification in the Official Gazette, appoint t he following classes of Revenue Officers, namely– (a ) Revenue Commissioner for the whole of the State or a division as it may cons ider necessary a nd as many Joint Commissioner s (Revenue) and Assistant Commissioners (Revenue) a s may be necess ary; (b) Collector for each district and as many Additional Collectors, Deputy Collectors and Assistant Collectors as it may consider necessary; (c) Director of Land Revenue and Settlement for the whole of the State and as many Additional Director(s), Joint Dir ector(s ), Depu ty Director(s) and Assistant Director(s) as it may consider necessary; (d) Settlement Officer for each distr ict and as many Additional S ettlement officers, Deputy Settlement officers and Assistant Settlement Officers as it may consider necessary; ( e) Sub-divisional Officer (Revenue) for each sub-division and as many Assistant Collectors and Assista nts as it may consider necessary; (f) Revenue Cir cle Offic er, for each Revenue Circle (2) The Revenue officers so appoint ed shall be responsible to maintain and preserve all land- records in writing as well as in digitalized formats.- 5 -Ex-218/2013 7 . Revenue Commissioner, Director, Collector and Other Revenue Officers (1) Subject to over-all control of the State Government, the Revenue Commissioner shall be the Chief Revenue Officer of the State and sha ll exercise such powers and discharge such duties as a re conferred on or vested in him under this Act. (2) The Director of La nd Revenue and Settlement sha ll be in charge of all matters of direction and implementation of t he policies of the Government relating to land administra tion, settlement of land and collection of land revenues throughout the State and shall in respect thereof exercise all such powers and discharge all such duties as are conferred on or vested in him under this Act. (3) Each revenue distr ict shall be placed under the charge of a Collector or Settlement Officer or Assistant Settlement Officer who shall be in char ge of the revenue administration of the district and exer cise such powers and discharge such duties of a collector as ar e conferr ed on or vest ed in him under this Act. (4) Each Revenue Sub-division shall be placed under the charge of a Sub-divisional Officer (Revenue) who shall be designated as Deputy Collector of the Sub-division or Assistant Settlement Officer who shall exercise such powers and discha rge such duties as ar e conferred on or vested in him under this Act. (5) All other Revenue officers shall exercise such powers and perform all such duties for the purposes of t his Act , as may be specified by the State Government by notification in the Official Gazette. (6) Each Revenue Circle shall be placed under the cha rge of a Revenue Circle Officer who shall be a ssisted by as many as Revenue Inspectors who shall exercise such powers a nd discharge such duties as are conferred on or vest ed in him under this Act. (7) Each Revenue Villa ge may have Revenue Assistant who shall maintain a nd upda te all such revenue registers, accounts and records as may be prescribed by the government from time to time. 8 . Exercise of Powers of Settlement Officer or Survey Officers or Revenue Officers The State Government may vest any Revenue officer with all or any of the powers of a Settlement Officer or a Survey Officer under the Mizoram (Land Survey and Settlement Operation) Act, 2003 within such limits, restrictions and for such period, a s it may think fit. 9 . Subordination of Revenue Officers (1) All Revenue officers shall be subordinate to the Revenue Commissioner and all Revenue officers in the district, sub-division and Cir cle sha ll be subordinate to the Collector or Director or the Sub-divisional officer or Settlement Officer a s the case may be. (2) All Revenue officers in the Directorate of Land Revenue a nd Settlement s hall be subordinate to t he Director, La nd Revenue and Settlement. 1 0 . Combination of Offices It shall be lawful for the State Government to appoint one and the same person to any two or mor e of the offices provided for in this Act, to make any appointment by virtue of office already held and also to confer on any officer of the Government all or any of the powers and dut ies of any of the Revenue officers including the Collector. 11. Seals The State Government shall, from time to time, by not ification in the official Ga zette, specify the Revenue Officers or Settlement Officers who sha ll use a seal and also the size and description of the seal which each such officer shall use.- 6 - Ex-218/2013 CHAPTER – III CONTROL AND POWERS OVER THE LAND 1 2 . Title of the State Government over land etc. (1) All lands, public r oads, streets, lanes a nd paths, bridges, dit ches, dikes and fences, the bed of rivers, streams, nallas, lakes and tanks and all canals and water courses and all standing and flowing water and all land including notified and surveyed forest area, wherever situa ted, which are not the property of any individual or of such group of persons or any juristic person legally capa ble of holding property except in so far as a ny rights of such person as ma y be esta blished in or over the land as provided in any law for the time being in force, are hereby declared to be, with all a bsolute right, title, interest and possess ion in or over the same or appurtenant thereto, shall be the property of the State Government. (2) Wher e any property or any right in or over any such pr operty is claimed by or on behalf of the Government or by a ny person against the State Government and the claim is disputed, it shall be lawful for the S ettlement Officer of t he district concerned, after all reasonable inquiry, to pass an order deciding the claim provided that a ny party disputing the title to such land as per sub-section (1) mus t refer the dispute to the Settlement Officer concerned within one month on t he date of commencement of this Act, failing which the party’s claim, if a ny, sha ll be ba rred by the principle of waiver. (3) Any person aggrieved by an order made under sub-section (2) may prefer an appeal to the appellate a uthorit y within a period, as may be specified from the date of such or der and the decision of the Tr ibunal shall be binding on the parties. (4) Unless or otherwise it is expressly provided in terms of a grant made by the Central Government or the State Government, as the case ma y be, and subject to the provisions of any law or laws made by the Parliament in this regard, the right to mines, quarries, minerals and mineral products including mineral oil, natural gas and petroleum shall vest in the State Government, and it shall have all the powers necessary for the proper enjoyment of s uch rights. Explanation :For the pur poses of these provisions mineral includes any sand or clay which the State Government may declare to ha ve a commercial va lue or to be required for any public purpose. 1 3 . Right to trees etc. All natural trees a nd plants, or planted a nd raised by the side of any notified public road or path or on any public place or space having been so notified under any la w for the time being in force, shall vest in the Government and shall be the Government property on extinction of any other ’s rights whatsoever, on a nd from the commencement of this Act. 1 4 . Assignment of land for special purposes and economic programmes (1) The State Government may set apa rt any land for any special purposes including ba mboo farming, oil palm cultivation, tung cultivation, contract farming, or any other commercial farming duly approved by appropriate authority, for development of industrial area, for the purposes of special housing projects under any approved Central or State Scheme, for compensatory forest, for development of a village, town or city, or for the purposes ancillary thereto, or for any other public purposes as may be prescr ibed, a nd such lands so assigned specially shall not be used otherwise than for such purposes without expressed sa nction of the Government. Provided that except land for compensatory forest, land for development of a village, a town or a city, land assigned to under sub section (1) shall be on lease basis.- 7 -Ex-218/2013 (2) The right of grazing or pasturage on la nd shall extend only to the cattle of the village or villages for which such land has been s et apa rt a nd r eser ved, and sha ll be r egu la ted by r ules ma de under this Act. (3) In a villa ge wherejhum cultivation is pr acticed, the Village Council concerned, subject to any rules or regula tions in force in t his respect, may allot land for any special economic progr amme, as an alternative tojhumcult ivation, for a period of 1 (one) yea r at the first instance or as may be r equired. As far as possible, the land for such programmes shall be earmar ked. Provided tha t the Government may make guidelines regulating the manner of allot ment of land for such special programmes. 1 5 . Right to Fisheries State Gover nment may, by notification, declare any collection of water, running or stagna nt, to be a fishery and no right in any fishery so declared shall be deemed to have been acqu ired by any person or group of persons, after the commencement of this Act, except as provided in the rules made under this Act. 1 6 . Allotment of land (1) The Government, subject to the availability of land fr ee from all encumbrances and subject to appr opriate recommendation of the “Site Allotment Advisory Board” as ma y be constituted by the Government from time to time or in separate proceedings, the Government ma y allot land belonging to the St ate Government as decla red under section 12 of this Act, to the eligible person or persons as described in sub-section (16) of section 2 or sub-section (45) of section 2 of this Act in accordance with such other conditions as prescribed in Chapter IV to VI of this Act. (2) The Director or the Settlement Officer or the Assistant Settlement Officer, subject to appropriate recommendation of the Site Allotment Advisory Boa rd as ma y be constituted from time to time and with pr ior approval of the S tate Government, shall have the power – (a ) to a llot any such land for the pur poses of any industry or shop and stall or stone quarry or for any purpose of public utility on such conditions as may be prescribed; or (b) to allot land beyond the maximum ceiling limit of 60 bighas or 80268 square metres subject to the recommendation of the Mizoram Public Investment Board in a special case and public interest as the case may be, or; (c ) to entrust the mana gement of any such la nd or any right s therein in writing to the Local Council or the Village Council, as the case maybe, for the pu rposes of supply reserves or a ny other public utilit y purposes for the related a rea, as may be prescribed. (3) No allotment of land of any nature for whatever use shall be ma de in a reas tha t may cause public nuisance or that it is not in general public interest on grounds of public health, public safety and even public convenience. 1 7 . Unauthorised Occupation of Land (1) Any person who is found to occupy any land without lawfu l author ity sha ll be r egarded as a trespasser or encr oacher a nd shall be evicted in accor dance with the provisions of the Mizoram (Prevention of Government Land Encroachment) Act, 2001 as amended from time to time. (2) No right sha ll accr ue to a ny person who encroach or trespass upon land without having any title conferred up on him by the competent authority. P ayment of land revenue or ta xes on such land will not entitle the encroa cher any right or title to the property. 18. Diversion of Land (1) If a ny person holding land for a ny particular purpose chooses to divert such land or any part thereof for any other pur pose, such person shall apply for permission to the Collector or the Settlement Officer or the Assistant Settlement Officer who may, subject to prior sanction of- 8 - Ex-218/2013 the Government based on the recommendation of the Site Allotment Advisory Boar d concerned and the provisions of this Act and the r ules ma de thereunder, refuse permission or grant it on such terms a nd conditions a s it ma y think fit. (2) Permission t o diver t may be refused by the Gover nment on the gr ound that the diversion is likely to ca use a public nuisance or that it is not in the inter est of the general public or it is against the provisions of this Act or a ny other law in force or tha t the holder is unable or unwilling to comply with the conditions t hat may be imposed under sub-section (3). (3) Conditions may be imposed on diversion for the following objects, namely, in order to secure the public health, public safety and public convenience, or to ensure availability of sufficient land in the area for the purposes of establishment of social infrastructure or for the purpose of agriculture including horticulture, and in the case of land which is to be used as building sites, in order to secure, in addition, tha t such diversion is in consona nce wit h the plan of the area as notified under the Mizoram Municipalities Act, 2007 (Act No. 6 of 2007), or under the Aizawl Development Authority Act 2005 (Act No. 9 of 2005), or under the Mizoram Urban and Regional Development Act, 1990 (Act No. 12 of 1990), as the case may be. 1 9 . Penalty for using land for other purposes without permission (1) If a ny land has been diver ted or used for any ot her pur pose without the permission as required under section 18, the Collector or the Settlement Officer or the Assistant Settlement Officer authorized or specified under the rules may summarily evict the land-holder or the person resp onsible for the diversion, fr om the land so diverted and a ny building or other construction erected thereon sha ll also, if not removed after such written notice issued by the C ollector or the Settlement Officer or the Assistant Settlement Officer or such other officer as authorized may deem reasonable, be liable to forfeiture or summar y removal. The land holder or the person responsible for the diversion shall also be liable to pay such penalty not less than Rupees one thousand per square metre, as the Collector or the S ettlement Officer or the Assistant Sett lement Officer or such other Officer may, subject to the rules made by the Gover nment in this behalf, direct. (2) If a ny land held has been diverted for a ny other purpose in contravention of an order passed or a condition imposed under any of the foregoing sections, the Collector or the Settlement Officer or the Assistant S ettlement Officer or such other Officer as authorized may serve a notice on the person responsible for such contravention, directing him, within a reasonable period to be stated in the notice, to use the land for its original purpose or to observe the condition, and such notice may require such person to remove any str ucture or to fill up any excavation, or to take such other steps as may be requir ed in or der tha t the land may be used for it s original purpose, or that the condition may be satisfied. T he Collector or the Settlement Officer or the Assistant Settlement Officer or such other Officer as authorized may also impose on such person a penalty not less than Rupees one thousand per square metre for such contravention, a nd a further penalty not less than Rupees one hundred for each day during which such contravention continues. (3) If a ny person, who is served with a notice under sub-section (2) fails to comply within the period stated in the notice for taking specific actions by the competent authority under that sub-section, the competent authorit y may itself take such steps or cause them to be taken including ca ncellation of allotment as pr ovided in clause (e) of sub-section (1) of s ection 33 of this Act. Any cost incurr ed in t he exercise sha ll be r ecovera ble from such person in the same manner as a n arrear of la nd revenue. 2 0 . Relinquishment (1) Subject to any rules that may be made under this Act, a land holder ma y relinquish his right s in resp ect of any land in his possession in favour of Government by giving a notice in writing to- 9 -Ex-218/2013 the Collector of the district or the Settlement Officer or the Assistant Settlement Officer of the district in such form and manner as may be prescribed, not less tha n three months before the close of any year and thereupon, he sha ll cease to be the land holder in respect of that land from the year following t he date of notice. Provided tha t relinquishment of only a pa rt of a holding or of a holding which, or par t of which, is s ubject to an encumbrance or charge, shall not be va lid. (2) If a ny person relinquishes his rights over any land under sub-s ection (1), the way to which lies through other land retained by him, a ny futur e holder of the land relinquished shall be entitled to a right of way through the land retained. CHAPTER IV RIGHTS OVER LAND 21.Classification of Land-holders On a nd from the commencement of this Act, there shall be the following classes of land-holders:- (1) Land Settlement Certifica te holder is a person to whom land has been perma nently settled for agricultural purposes such as, growing pa rticula r crops or for mixed farming, or for non- agricultural purposes such as, construction of a house. (2) Periodic Pa tta holder is a person to whom land has been leased out for a fixed or limited period for specific purpose such as, commercial plantation, horticulture and the like. (3) Pass holder is a person to whom a specific permission is given by the Government only for cons truction of a house, shop, stall inside and outside town area. In places where survey and settlement operation has not been done, the Village Council is given authority to issue such Pass inside a village perimeter a s may be notified by the Government from time to time. (4) Lease holder is a person who is given a lease of specified tenure to occupy certain parcel of land for specific purpose like industr y, educational institution, etc. 22.Accrual of rights of land-holders (1) Every person who, a t the commencement of this Act, holds any la nd from the Government for agricultural purposes or non-agricultural purposes as a Land Settlement Certificate holder including his successor or successors-in-interest sha ll be deemed to be the owner thereof on and from such commencement. Provided tha t in the case of more than one claim for ownership over one and the same plot or par cel of land, and all the related Land Settlement Certificates having been found valid and duly acted upon, subject to the decree of a competent Civil Court, if any, the first Certificate- holder, if in actua l and construct ive pos session of the land, in accordance with the satisfactory fulfillment of the conditions specified in his Land Settlement Certificate, shall become the owner. (2) Every person who, at the commencement of this Act, holds land from the Government for purpose of agriculture as Periodic Patta holder and for non-agriculture a s Pass Holder or Lease Holder, shall, subject to the proviso to sub-section (1) and provisions of sub-section (1), be entitled to the settlement of that land on fulfillment of such terms and conditions as may be pr escr ibed. (3) No r ights shall accrue under sub-section (1) in respect of any land which (i)forms a part of the bed of a river, a nullah, a water-fall, a stream or a public tank; or (ii) has been acquired by the Government for any public purposes according to the provisions of a ny law in force for the time being relating to acqu isition of land; or (iii) has been in common use at any time during a period of five years immediately preceding the commencement of this Act for any public, community or village purpose; or- 10 - Ex-218/2013 (iv) has been declared by the Government under any la w in for ce as r eserved or required for any public, community or village pu rpose, or as heritage site or area, or has been declared as unsafe or disaster-prone area. (4) Objections to the accrual of any r ights under sub-section (1) ma y be filed by a ny aggrieved person who has interest in the land either in his individual capacity or as a member of the village or communit y, before such revenue author ity within such time a nd in such form and manner as ma y be prescribed. (5) If a ny objection is filed under s ub-section (4), the pr escribed Revenue authority shall inquire into the objection in such manner as may be prescribed, a nd decide the same. (6) Subject to the provisions of t his Act, the decis ion of the pr escribed Revenue Author ity shall be fina l. (7) Nothing in this section sha ll entitle any person to the sub-soil rights in resp ect of the land, of which he ha s become the owner under sub-section (1) or which has been settled with him under sub-section (2). 23.Rights of a Land Settlement Certificate-holder (a ) Every Land S ettlement Certificate-holder shall ha ve a permanent, heritable and transfer able right, title, interest and peaceful possession in his land subject to:- (i) the provisions of this Act and the Rules made there under; (ii) payment of all land revenues, ta xes, cesses at the rates fixed by the Government from time to time which are legally assessed or impos ed in respect of the land as required under this Act or under any other law for the time being in force; and (b) Nothing in sub-section (a) shall entitle a Land Settlement Certificate-holder to use his land to the detriment of any adjoining land or in contravention of the provisions of any other law for the time being in force applicable to such land. 24.Status of a Periodic Patta-holder Every person belonging to any of the following classes shall be called a Periodic Patta holder or a temporary licensed cultivator and shall have all the rights a nd be subject to all the liabilities conferred or imposed upon the periodic patta-holder by or under this Act, namely - (1) Every person who, at the commencement of this Act, holds any land from the Government under a valid periodic patta granted by the competent a uthorit y, and his successor-in-interest. (2) Every person who a cquires the rights of a periodic patta holder under or in accordance with the provisions of this Act and such rules as may be ma de in this behalf. 25.Rights of a Periodic Patta-holder A Periodic P atta-holder shall have a temporary r ight, title, interest and possession in the land held by him for such period and under such terms and conditions as the Government may specify in the periodic pa tta and shall have no right of transfer of ownership or inheritance of the land beyond the period as ar e specified in his periodic pa tta. Provided that where no period is fixed in the existing periodic patta the validity of such patta shall, unless renewed, be deemed to expire after five years from the date of commencement of this Act. 26.Status of a Pass-holder Every person belonging to any of the following classes shall be called a Pass-holder and sha ll have all the rights a s specified in the pass and shall be subject to all the lia bilities conferred or imposed upon him by or under this Act, namely:- (a ) ever y person who, a t the commencement of the Act, holds any non-agricultural land from the Government under a va lid Pass gr anted by the competent authority, and his successor-in- interest; and (b) ever y person who acquires the right of a Pass-holder under or in accordance with the provisions of this Act and the rules made thereunder.- 11 -Ex-218/2013 27.Rights of a Pass-holder A Pa ss-holder shall have no right in the land held by him beyond the rights of use and occupancy for such period and under such terms a nd conditions a s may be specified in the Pass and shall have no right of tr ansfer, inherit ance, or of sub-letting beyond the period so specified. Provided that where no period has been specified in the existing Pass, the validity of such Pass shall, unless renewed, be deemed to have continued as a valid Pa ss for a period not exceeding five year s from the date of commencement of this Act. 28.Rights of Lease holder Every person or an agent to whom land has been let out by the State Government for use in any special pur poses as an agent of t he Gover nment, the person or an agent shall be called a Lease holder in r espect of such land a nd shall, notwithstanding anything to the contrary contained in this Act, be entitled to hold the same in accor dance with the terms a nd conditions of the lease. 29.Ejectment of persons occupying land without right or title A person ta king or retaining or occupying any land, otherwise than in accor dance with the provisions of the law for the time being in force s hall be liable to be evicted by such Revenue author ity in such manner as may be prescribed and shall a lso be liable to pay a fine as may be fixed by the competent authority. 30.Limitation on mortgage of land by land-holders Notwithstanding anything contained in this Act, a land-holder in respect of any agr icultur al land and non-agricultural land may mortgage his holding or part thereof in such circu mstances as ma y be prescribed, as a security for any loan taken or to be taken from the State Government, a Co-opera tive Society, a bank or such ot her financial institution as may be notified in the Official Gazette by the State Gover nment. In the event of his making default in the repayment of such loan in accordance with its terms, it shall be lawful for the lender, as the case may be, to cause his interest in the land to be a ttached and sold and the proceeds a pplied in payment of s uch loa n as pr escribed by la w in force. Provided that any mortgage by a Periodic Patta-holder or a Pa ss-holder or L ease Holder of his holding or a ny shar e thereof without prior permission in writing from the State Government or such Revenue authority shall be void. 31.Land left uncultivated or undeveloped Wher e the Collector or Competent Author ity is satisfied that any land other than land for house site has remained not used or being kept uncultivated or undeveloped, penalty will be imposed at the rate as prescribed in the rules under this Act. A continued default or refusal to remit the prescribed tax shall be followed by a pr ocess for cancellation of la nd allotment a s provided in clause (g) of sub- section (1) of section 33 shall be initiated by Competent Authority after observing proper procedure. 32.Issue of Land Settlement Certificate The Controller of Land Records, a s may be prescr ibed, may grant a certificate in resp ect of each parcel of land to a land-holder certifying the nature of his title, the annual land revenue or tax paya ble, the location, area, survey number, plot (plan) number, terms and conditions of his holding and such other particulars as may be prescribed in the rules under this Act. Provided that no L and Settlement Certificate shall be granted to a person who does not fulfill the conditions as prescribed under sub-s ection (16) and sub-s ection (45) of Section 2 of this Act and unless prior permission of the Government in the manner of speaking order is obtained. 33.Cancellation of allotment or rights over land (1) Notwithstanding anything to the contrary contained in sections 22 to 28 of this Act, the Collector or the Settlement Officer or the Assistant Settlement Officer or any other Revenue Authority- 12 - Ex-218/2013 may cancel an allotment of land or the rights conferr ed on the land holder for a ny of the following grounds :- (a ) non-payment of land revenue, taxes, cesses and rates assessed or impos ed under any law for the time being in force in respect of t he land, or (b) that the certifica te, etc was ob tained by means of a nymalafide misrepresentation of fact s, essential to justify the grant thereof, or (c ) that the certificate, etc was obtained with deceit or illegally or fraudulently by anymalafide concealment of material fa cts from the Revenue Officer and his subordinates or officials of R evenue Department or pr ivate individual, or (d) that a decr ee or order passed by a competent court in a suit or other proceedings, with resp ect to the holding for which a certificate etc. was granted, show that the holder was not entitled to such cer tificate etc. , or ( e) that the la nd has been used for any other purpose tha n the original one for which the land was allotted without written permission of t he Government or any other revenue authority as prescribed, or (f) that the land has been acquired by the Government for any purpose according to the provisions of any law in force for the time being relating to acquisition of the land in public interest, or (g) that the land allot ted for purposes other than house sit e is left undeveloped or recla imed within three years from the date of allotment, or (h) violation of any of the terms and conditions of any agreement or undertaking into which the land holder ha s entered with the Government, or (i) any Pass or Certificate obtained without approval of appropr iate authority, or (j) notice or application for cancellation or relinquishment has been submitted by the land- holder, or (k) there is sufficient reason to believe that the use of land is against public healt h or public safety or general public good. Explanation: Any land allotment or settlement sought or obtained in a benami tra nsaction is deemed to bemalafidemisrepresentation of facts. (2) No certifica te shall be cancelled unless the holder or the person having interest therein is given reasonable opportunity of showing cause against such ca ncellation. (3) No compensation sha ll be payable by the Government on account of such cancella tion of any allotment or right over land under this Act. However, if the allottee has put up any constructions on the land, he shall be allowed a reasonable opportunity to remove the same. CHAPTER - V SETTLEMENT OF LAND FOR HOUSE SITE IN URBAN / NOTIFIED TOWN AREA 34.Land in Urban and Notified Town Areas not to be settled for agricultural purposes In the area declared by the Government as “town areas”, no land shall be allotted or settled for agricultural purposes. 35.Master Plan (1) Master Plan shall be drawn up keeping in view the provisions of the Mizora m Urban and Regional Development Act (MURDA), 1990 for any a rea declar ed by the Government as town. The Master Plan shall indicate the existing roads, drains, and other ar eas used for public purposes, Government buildings and area or areas already given to individuals for construction- 13 -Ex-218/2013 of houses or for any other purposes, and also Government land, earmarked for roads, drains, and other public requirements in the area where survey and settlement has not been carried out. (2) Deta iled pla ns shall be prepared keeping in view of the provisions of the Mizor am Urban and Regional Development Act, 1990 indicating the areas reserved for public purposes or Government purposes and detailed plot ting shall be done for the land to be allotted for house sites, etc. (3) The Master Plan or the Urban or Regional Plan under sub-section (1) or (2), shall become effective after approval of the Government or any other competent authority delegated with such power by the Government, and any cha nge or alteration shall also be approved by such competent authority. (4) When the Master Plan or Urban or Regional plans are made under Mizoram Urban and Regional Development Act, 1990 or the Aizawl Development Authority Act, 2005, or the Mizoram Municipalities Act, 2007 as the case may be, and the Rules made thereunder, no other separate Master Plan or Urban or Regional Plan is necessary. 36.Allotment of House-sites in Urban and notified Town area (1) Allotment of house-sites and other plot s in the areas declared by the Gover nment a s urban and town areas shall be made keeping in view of the provisions a s conta ined in the Mizoram Urban and Regional Development Act, 1990 or in the Aizawl Development Authority Act, 2005 or in the Mizoram Municipalities Act, 2007 as the case may be. Provided that the land document s hall contain clear geographical description (inclu ding macr o and micro mapping), distinguishable boundary description accompanied by boundary pillars and accurate measurement of the area duly recor ded. (2) The area of house site per family to be allotted will not exceed 1337.80 square metre or 1 bigha. (3) When a plot of land is allotted to a person, in order to obt ain Land Settlement C ertificate for the plot , a house shall be cons tructed within a period of 10 (ten) years. (4) The allotment of the House Site will also be subject to the restriction that the said la nd will not be sold or a lienated within ten years from the da te of a llotment even if it is converted into Land Sett lement Certific ate. T he allotment s ha ll be deemed to be a utomatically cancelled if sale or alienation is made within this period. T he land shall be reverted back to the Government. Provided that in case the land is a subject matter of acquisition proceedings under The Land Acquisition Act, 1894 (as ada pted by the Government of Mizoram), the prescribed period of t en year s may be relaxed. CHAPTER – VI ALLOTMENT OF LAND IN RURAL AREA 37.Village Master Plan (1) For a village which has not been declared by the Government as “ Town”, the Revenue Officer of t he area shall, with the help of villa ge council, prepare a Master P lan keeping in view of the provisions of the Mizoram Urban a nd Regional Development Act, 1990 as amended from time to time. The Master Plan shall clearly indicate zones, such as, village perimeter, village sa fety reserve, public utilities or amenities, agriculture, mixed fa rming area to be used for limited lease or Periodic P atta and other purposes as ma y be considered necessary. (2) The Master Plan sha ll be made on the basis of a sketch map dra wn up for the village if a settlement operation has been done for the village and the plan shall be drawn up on that ba sis only. (3) The Master Plan and any change or altera tion therein shall require a pproval of the Government. 38.Village Site Plan A Village Site plan shall be prepa red for proper utilization and regulation of house-sites in the village. Such plan shall indicate spatial features, such as, road, drains and other land for public and Government- 14 - Ex-218/2013 areas. The Plan sha ll also earmar k land for future development, such as, roa ds, drains and land earmarked for future public and government facilities. The ar ea to be given for house sit es shall be clearly indicated by way of survey number and plot numbers on the ba sis of t he survey. If such marking is not already done, provisional plot numbers sha ll be given. 39.Allotment of House-Sites (1) In the village where site plan have been done, house sites ma y be allotted by the Villa ge Council by giving a House Pass. The area of House Pass per family to be allotted by the Village Council will not exceed 1337.80 sq. metre or 1 bigha. (2) In a n area wher e settlement opera tion ha s been done, t he comp etent Revenue Officer may, with prior sanction of the Government, a llot house-sit es by giving a House Pass having an area not exceeding 1337 square metre per family. Provided that the land document s hall contain clear geographical description (inclu ding macr o and micro mapping), distinguishable boundary description accompanied by boundary pillars and accurate measurement of the area duly recor ded. 40.Allotment of House-sites to be Regulated Allotment of house-sites by a Village Council or by the Revenue Officer concerned shall be done in a pr escrib ed manner. 41.Land for Permanent Cultivation The government may allot land for agricultural and allied purposes subject to the following conditions:- (1) The land earmarked for permanent cultivation is to be allotted under Periodic Patta and which covers at least ½ (half) of the total land under the jurisdiction of the village concerned and shall include the area already used for permanent cultivation, such as, wet rice cultivation, mixed farming and land already allotted under Periodic Pa tta. (2) Under specia l circumtances the maximum area of land that can be a llotted for permanent cultivation is not to exceed 60 bighas or 80,268 square metre per family or per juristic person domiciled in the State for which there shall be speaking orders of the Government ha ving regard to the existence of special r equirements. Provided that if the land earmarked for a perma nent cu ltivation a Periodic P atta is not likely to b e required within a year, the competent Revenue Officer may, on the request of the Village Council, allow the land to be used for special purpose or other seasona l farming or cultivation for one year. 42.Allotment of Earmarked Land Allotment of the earmarked land shall be made by the Revenue Officer concerned in a prescr ibed manner and a Pass shall be issued for the purpose conta ining conditions after obtaining prior appr oval of the Government. 43.Revenue Officers to issue Periodic Patta For allotment of land for agriculture and allied purposes, Revenue Officer may issue a Periodic Patta with prior a pproval of the Government for reclama tion or prepar ation or development of land. Such Periodic Pa tta sha ll be valid only for initial 5 (five) years. After a period of 5 (five) years, if the land has not been recla imed or prepared or developed, the Periodic Patta shall la pse automatica lly. Provided that the land document shall contain clear geographical description (macr o and micro mapping) and distinguishable boundary description accompanied by boundary pillars a nd accurate measurement of the area duly recor ded.- 15 -Ex-218/2013 44.Issue of Land Settlement Certificatefor Agricultural purposes In case of P eriodic Patta a s mentioned in section 43, Revenue Officer or any officer a uthorized by the Government may issue Land Settlement Certificate exactly to the ar ea covered in t he Periodic Patta provided tha t the land has been r eclaimed or developed for the intended purpose. 45.Grant of Land Lease If the land under lease has been pr operly developed for industrial or commercial use or for commercial plantation and for such other pur poses a s descr ibed in section 14 of this Act for which limited lease is suitable, the Revenue Officer concerned shall issue a lease in the prescribed manner. The terms of lease shall be determined according to the act ual requirement and on the ba sis of the recommendation of the Site Allotment Advisory Board or the Public Investment Board wherever it is necessary. If the time required cannot be ascertained, a period or tenure shall be decided by the Government. 46.Terms of Lease (1) The State Government shall specify the term of lease granted to a lease-holder not exceeding ninety-nine years a nd not s horter than one year as may be prescribed. (2) On expiry of the term of lease the Government or the competent authority, a s the case may be, may grant or refuse renewal of the lease a nd no notice of non-renewal ma y be required to be given if such renewal is to be refused. (3) Failure to seek renewal of lease a fter expiry of the tenure, the land lease shall automatically be deemed to be terminated. Even payment of land r evenue shall not entit le extension of the lea s e period. CHAPTER – VII ASSESSMENT AND COLLECTION OF LAND REVENUE, TAXES, FEES, etc. 47.Liability to payment of Land Revenue, Taxes, Fees All land, for whatsoever a llotted, are liable to payment of la nd revenue and any other taxes or fees to the State Government a ccording to t he provisions of this Act and t he rules made under this Act except as may be wholly or partly exempted by means of any special gra nt or by contra ct with the Government or the rules ma de under this Act. 48.Assessment of Land Revenue, Taxes, Fees Assessment of land revenue, taxes and fees shall be done in the manner as pr ovided in the r ules made under this Act. 49.Responsibility for payment of Land Revenue and Taxes (1) Every land-holder, to whom the land is allotted, shall be lia ble for payment of la nd revenue, taxes and fees as may be fixed by the Government. (2) Wher e there are two or more persons lia ble to pay land revenue under sub-s ection (1), all of them shall be jointly and severally liable for such payment. 50.Premium (1) The Government may levy a premium on account of a llotment of land for agricultural and non- agricultural purposes. (2) The rates of premium and the mode of payment shall be determined by the Government from time to time.- 16 - Ex-218/2013 51.Taxing authorities (1) For carrying out the purposes of this Act , the Government may designate the Deputy Commissioner of the district or a ny other officer to be the Collector who shall be assisted by any officer subordinate to him. (2) Officer appointed under sub-section (I) shall, within the limits of s uch area as the Government may by notification specify, exercise such powers and perform such duties a s may be delegated by the Collector or Settlement Officer or Assistant Settlement Officer subject to such conditions as may be pr escribed by the Government. 52.Collection of Land Revenue, Fees, Taxes (1) In order to carry out the purposes of this Act, the Government may appoint any person or group of persons or officer as an agent t o be responsible for levy and collect ion of land revenue and taxes as per provision of rules made under this Act or as may be prescribed by the Government from time to time. (2) Upon such appointment, it shall be the duty of such collecting agents to carry out such functions under this Act in the manner prescribed and to submit full and complete account of land revenue and taxes collected by him to the Deputy Commissioner of the district or Settlement Officer or his subor dinate officer assigned by the Government. (3) Any officer or agency authorized by the Government in this behalf shall have for the pur pose of levy and collect ion of land revenue and taxes, such p owers as may be prescribed. (4) It shall be lawful for the Collector or Settlement Officer or officer duly a uthorized by him to have access to, and to ca use production and exa mination of receipt books, r egisters, accounts or docu ments maintained or required to be mainta ined by the collecting agent as may be pres cribed b y the Gover nment from t ime to t ime. 53.Payment of Land Revenue, Taxes, Fees (1) Land revenue and taxes, etc. shall be payable at such time, in such installments, to such persons, and at such places, as may be prescribed. (2) Any payment of land revenue to the person mentioned in sub-section (1) may be made in such manner as ma y be prescribed. (3) The Revenue officer or the collecting agent shall issue receipt at the time when payment of la nd revenu e etc has been received. (4) Any person or officer contr avening the provisions of sub-section (3), after summary enquiry by the Collector or Settlement Officer or Assistant Settlement Officer, shall be liable to pay fine up to such amount not exceeding three times the amount received for which a receipt was not issued. 54.Power to suspend, enhance, reduce or abolish any existing rate of taxes, fees The Government may, at any time and for sufficient reasons, change existing rates of taxes and fees in such a manner or to such an extent a s the Government may deem it necessary. 55.Arrear of Land Revenue (1) Any installment of land revenue or part thereof which is not paid on the due date shall become an arrear of la nd r evenue, taxes or fees and the person responsible for the payment sha ll become a default er. (2) A statement of account cer tified by the competent authority shall, for the purpose of this Chapter, be conclusive proof of the existence of the arr ear against the person who is a defaulter; Provided tha t nothing in this sub-section shall prejudice the right of such person to make payment under protest and to question t he correctness of the accounts in separate proceedings before the competent authority as may be prescribed.- 17 -Ex-218/2013 56.Recovery of Arrears (1) An a rrear of land revenue shall be recovered as per the procedure as may be pr escribed by this Act and the Rules. (2) Without prejudice to any other pr ovisions of this Act, any amount due to the Government whether by way of cost, penalty or otherwise and any other amount which is or dered to be paid or recovered under this Act , shall be recovered in the same ma nner as an arr ear of land revenue. 57.Recovery of arrears due in any one district by the Collector or Settlement Officer of another district (1) When an a rrear of la nd r evenue or other public demand r ecovera ble as a n a rrear of la nd revenue under section 55 is due in one district, but is to be recovered by sale of the default er ’s property in any other district, the Collector or Settlement Officer or Assistant Settlement Officer of the distr ict in which such arrear of demand ha s become due or any ot her Revenue Officer as may be authorized shall send a statement of accounts certified under sub-section (2 ) of section 55 to the Collect or or the Settlement Officer or Assistant Settlement Officer of the district, by whom the recovery is to be made. (2) On r eceipt of such certified statement it shall b e lawful for the Collector or Settlement Officer or Assistant Settlement Officer of one district to proceed to r ecover the dema nd of the Collector or S ettlement Officer or Assistant Settlement Officer of another district under the provisions of t his Chapter, if the demand had risen in his own distr ict. 58.Notice of demand The form and contents of the notice of demand and the officers by whom such notices shall be issued shall be su ch as may be prescribed. 59.Distraint and sale of moveable property (1) The distraint and sale of the moveable pr operty of a defaulter shall be made by such officers or class of officers, in such manner and in such procedur e, as he thinks fit a nd proper. Reasons are to be r ecorded in writ ing. (2) Nothing in sub-section (1) shall be deemed to a uthorize the distraint or sa le of a ny property which, under the Code of Civil P rocedur e, 1908 (5 of 1 908), is exempt from attachment or sale in execution of a decree or of any article set aside exclusively for religious use. 60.Sale of immovable property (1) In the opinion of the Collector or the Settlement Officer or the Assistant Settlement Officer the processes referred to in sub-section (1) and (2) of section 57 a re not sufficient for the recovery of an arr ear, he may, in addit ion to or instead of a ny of those pr ocesses, cause the land in respect of which such ar rear is due to be atta ched and sold in the manners prescr ibed in this Act. (2) The Collect or or the Settlement Officer or the Assista nt Settlement Officer may also cause the right, title and interest of a defaulter in any other immovable property to be simila rly atta ched and sold. 61.Notice of sale (1) Before effecting sa le of any land or other immova ble property under the provisions of this Chapter, the Collector or the Settlement Officer or the Assistant Settlement Officer shall issue and publish such notices and proclamations, in such form, in such manner a nd containing such particulars, as may be prescribed. (2) A copy of every notice or proclama tion is sued under sub-section (1) sha ll be served on the defaulter.- 18 - Ex-218/2013 62.Sale to be by auction All sales of property, moveable or immova ble, under this Chapter shall be held by public auct ion. 63.Prohibition to bid at auction No officer having a ny duty to perform in connection wit h any such sale and no person employed by or subordinate to such officer shall, either directly or indirectly, bid for or acquire a ny property except on behalf of the Government. 64.Sale of perishables Perishable articles shall be sold by auction with the least poss ible delay and such sale shall be finally concluded by the officer conducting the sale. 65.Sale not to be excessive Every sale of property, moveable or immovable, under the provisions of this Chapter shall, as fa r as may be practicable be proportionate to the amount of a rrear of land revenue to be recover ed together with the interest thereon and the expenses of a ttachment and sale. 66.Deposit by purchaser of immovable property In a ll cases of immovable property, the party who is declared to be the purchaser shall be required to deposit immediately 75 (seventy five) percent of the amount of his bid, and the balance within fifteen days of the date of sale. 67.Failure to make deposit (1) In default of payment of deposit referred to in section 66, the property shall be put up for re- sale and the expenses incu rred in connection with the first sale shall be borne by the defaulting bidder. (2) In default of payment of the bala nce of the bid amount within the period prescribed in section 66, the deposit after defraying therefrom the expenses of the sa le sha ll be forfeited to the Government a nd the property shall be re-sold. (3) Wher e the proceeds of the re-sale are less than the price bid by such defaulting pur chaser, the difference shall a lso be recovera ble from him in the same manner as an arrear of la nd revenue. 68.Setting aside sale Wher e immoveable pr operty has been sold under this Chapter, the defaulter, or any person owning such property or holding an interest, may, at any time within thirty days from the date of sa le or within such further period not exceeding thirty da ys as the Collector or the Settlement Officer or the Assistant Sett lement Officer may for sufficient ca use allow, apply in wr iting to the Collector or the Settlement Officer or the Assistant S ettlement Officer to ha ve the sale set aside on the following grounds:– (1) Some materials of irregularity or mistake or fraud resulting in substantial loss or injury to him is esta blished, or (2) On his depositing in the C ollector ’s office or the Settlement Officer ’s office or the Assistant Settlement Officer ’s office the amount of the ar rear specified in the proclamation of sa le, t he cost of the sale and for payment to the purchaser a sum equal to five percent of the purchase money. 69.Confirmation of sale If on the expiration of 30 days from the date of sale of any immovable property or of further period, if a ny, allowed under section 68, no application has been made for setting aside the sale, or if any such application has been made but rejected, the Collector or the Settlement Officer or the Assistant Settlement Officer shall ma ke an order confirming the sa le unless, for reasons to be r ecorded, the Collector or Competent Authority sets aside the sale notwithstanding that no application has been made.- 19 -Ex-218/2013 70.Refunds (1) The Collect or or the Settlement Officer or the Assistant Settlement Officer s ha ll or der a refund and payment to the purchaser, of:- (a ) the amounts deposited by him under section 68; and (b) the sum equal to 5 percent of the purchase money depos ited under Cla use (2) of section 68, if the sale is not confirmed or set aside. (2) The Collect or or the Settlement Officer or the Assista nt Settlement Officer shall order refund and payment of all the money deposited under Clause (2) of section 68 to the person who made the deposit, if the sale is confir med: Provided that the Collector or the Settlement Officer or the Assistant Settlement Officer may set off the whole or a ny part of such money against any arr ear of land revenue or any other amount recoverable as an arr ear of land revenue, which may be outstanding against the person who made the deposit. 71.Certificate of purchase When a sale is confir med, the Collector or the Settlement Officer or the Ass istant Settlement Officer shall put the person decla red to be the purchaser in p ossession of t he property and shall grant him a certificate in the prescribed for m to the effect that he has purchased the property specified therein; and such cer tificate shall be deemed to be a valid transfer of such property. 72.Application of proceeds of sale The proceeds of the sale of any property under this Cha pter shall be applied in defraying the expenses of the sale which s hall be determined in the pr escribed manner and the balance shall be applied to the payment of the arrears on account of which the sale was held a nd the surplus, if any, shall be paid to the person whose property ha s been sold. 73.Liability of certified purchaser The person who has purcha sed any land a nd to whom a certificate of purchase has b een gra nted shall not be liable for the land revenue in respect of the land for any period prior to the date of the sale. 74.Precautionary measures in certain cases When the cr op of a ny land or any portion of the same is sold, mortga ged or otherwise disposed of, the Collector or the Settlement Officer or the Assistant Settlement Officer may, if he thinks it necessary, prevent its being removed from the land until the dema nd for the cur rent year in r espect of the said land is paid, whether the date fixed for the payment of the same has arr ived or not. 75.Recovery of other public demands The following sums of money may be recovered under this Act in the same manner as arr ear of land revenue, namely: (a ) rent, fees and royalties due to the Government for the use or occupation of land or water or any product of land; (b) all sums fa lling due to the Government under any grant, lease or contract which pr ovides that they shall be recoverable as an arrear of a la nd revenue; (c ) all sums declared by this Act or any other law for the time being in force to be recoverable as an ar rear of land revenue.- 20 - Ex-218/2013 CHAPTER – VIII PROCEDURE OF REVENUE COURTS : APPEALS AND REVISIONS 76.Revenue Officers to be Revenue Courts (1) A Revenue Officer, while exercising power under this Act or any other law for the time being in force, will inquire into or to decide on any question of fact or la w arising out of orders for determination between the Government and any person or between parties to any proceedings, shall be a revenue court. (2) Nothing in this Act shall be deemed to limit or otherwise affect the inherent power of the revenue cour t to ma ke such order, as may be necessary for the ends of justice or to prevent the abuse of the pr ocess of the revenue court. 77.Place of Hearing Any Revenue Officer who is authorized by an or der of the government maye x e r c i s e h i s p o w e r s under this Act at any pla ce within the local limits of his jurisdict ion. Provided that a Sub-Divisional Officer or Sett lement Officer or Ass istant Settlement Officer may inquire into or hear any case only at the headquarters to which he is appointed. 78.Po wer to enter upo n and survey land All Revenue Officers a nd persons act ing under their orders may enter upon and survey any land and dema rcate boundaries and do all other act s necessary for the purpose of discharging their duties under this Act or a ny other law for the time being in force and in so doing, shall ca use no more dama ge than the cir cumstances of the case as may be required. 79.Revenue Tribunal (1) The Government shall, by notifica tion in the official Gazette, constitute a Revenue Tribuna l to be known as “The Mizoram State Revenue Tr ibunal” (hereinafter referred to as the Tribunal) for deciding appeals under this Act. (2) The Tribuna l shall consist of one person, or as may be decided by the Government, to be designated as Chairman or Member, as the case may be, of the Tribuna l and a ppointed by notification to be publis hed in the Official Gazette by the Government. (3) A person sha ll not be qualified for appointment a s the Chairman or Member of the Tribunal, unless he – (a ) has been, or is qua lified to be, a Judge of a High Court; or (b) has held office, either in the Government of India or in a State Gover nment, not lower in rank than that of S ecretar y to the Government of India, or that of Principal S ecretar y or Additional Chief Secretar y to any State Government for a minimum period of two years, as the case may be, having adequate experience in land a nd revenue administration. (4) The Chairman or Member, as the case may be, of the Tribunal shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty- five years, whichever is earlier. (5) The salaries and allowances and the terms and conditions of service of the Chairman or Member shall be as prescribed by rules. Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairma n or the Member shall be var ied to his disadvantage during his term of office. (6) If, for reasons ot her than tempor ary absence, a ny vaca ncy occurs in the office of the Chairman or the Member, then the Government shall appoint another person in accor dance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled.- 21 -Ex-218/2013 (7) A Chairman or Member may, by notice in wr iting under his hand a ddressed to the Government resign from his office. Provided tha t the Chairman or Member shall, unless he is permitted by the Government to r elinquish his office sooner, continue to hold office until t he expiry of three months from the date of receipt of such notice or until a person duly a ppointed as his successor enters upon his office or until the expir y of his term of office, whichever is earlier. (8) A Chairman or Member shall not be removed from his office except by an order by the Government on the ground of proven misbehaviour or incapacity a fter an enquiry made under the provisions of the Commission of Inquir y Act, 1952 (60 of 1952) which stands adapted and applied for the purposes of this Act. (9) No order of the Government appoint ing any person as Chairman or Member shall b e called in question in any manner, and no act or proceeding before the Tribunal s hall be called in question in a ny manner on t he ground merely of a ny defect in the cons titution of the Tribunal. (10) The Government shall provide the Tribuna l with such officers a nd other employees on such conditions of service as may be prescribed by rules. (11) (a ) The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of justice and the spirit of the provisions of the Code, and subject to other provisions of this Act and the rules made thereunder, the Tr ibunal shall have powers to r egulate its own procedure including the place at which it will have its sittings. (b) The Tribunal shall have, for the purpose of discharging its functions under this Act, the same powers as vest ed in a civil court under the Code of Civil Pr ocedure, 1908 (5 of 1908), while disposing of a ny appeal, in r espect of the following matters, namely:- (i) summoning and enforcing the attendance of any person and examining him on oath; (ii) requiring discovery and production of documents; (iii) receiving evidence on affidavits; (iv) issuing commissions for the examination of witnesses or documents; (v) reviewing it s decisions; (vi) dismissing any appeal for default or deciding it ex pa rte; (vii) setting aside any order of dismissal of a ny appeal for default or any order pa ssed by it ex parte; and (viii) any other ma tter as may be prescribed by rules. (c ) Every proceeding before the Tribunal sha ll be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian Penal Code, 1860 (45 of 1860) and the Tribunal shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. (12) The person who preferred an appeal her eina fter ca lled “ ap pellant ”. An a ppellant may either appear in person or author ized one or more legal practitioners and, in the case of a Government depa rtment or a cor porate body, it may authorize in writing any of it s officers or Law Officers to p resent t he case befor e the Tribu na l. (13) If an appeal is preferred to the Tribunal, the appellant shall deposit appeal fee as fixed by the Government from time to time. (14) The Chairma n and/or Member (s) a nd the officers and employees of the Tribunal shall be deemed to b e public serva nts wit hin the meaning of section 2 1 of the India n Penal Code, 1860 (45 of 1860). 80.Power to transfer cases (1) The Tribuna l may t ransfer any ca se or class of cases arising under this Act or any other law for the time being in for ce, from any R evenue Officer to any other Revenue Officer competent to deal with it.- 22 - Ex-218/2013 (2) The Collect or or t he Sett lement Officer or the Settlement Officer or the As sistant Settlement Officer may transfer any case or class of cases arising under this Act or any other law for the time being in force for inquiry or decision from his own file or from the file of any Revenue Officer subordinate to him to the file of any other Revenue Officer subordinate to him and competent to deal with such case or class or ca ses. (3) The Collect or or the Settlement Officer or the Assistant Settlement Officer may withdraw any case or cla ss of cases ar ising u nder this Act or any law for the time being in force, fr om the file of a ny Revenue Officer subordina te to him to his own file and deal with such case or class of cases himself. 81.Power to take evidence, summon persons to give evidence and produce documents (1) Every Revenue Officer not lower in rank than a R evenue Circle Officer, while acting as a Revenue Court, shall have powers to take evidence and to summon any person whose attendance he considers necessary, either as a party or as a witness or to pr oduce any document, for the pur pose of any inquiry which such officer is legally empowered to make, and all per sons so summoned shall be bound to attend either in person or by a n author ized agent as such officer may direct, and to produce such documents as may be required. (2) Summon shall be in writing, signed and sealed by the officer issuing it and shall be in such form and be served in s uch manner as may be prescribed. 82.Enforcement of attendance of witnesses and examination of witnesses If a ny person on whom a summon to attend as witness or to produce any document has been served, fails to comply wit h the summon, the officer by whom the summon has been issued under section 81 may – (a) issue a bailable warrant of arrest; (b) order him to furnish securit y for appearance; or (c) impose upon him a fine not exceeding five thousand rupees. Provided tha t the person so summoned may apply for examination as a witness on commission for justifiable reasons or through video conferencing, as the case ma y be, and in such case, the person may not be liable to any of the measures mentioned above. 83.Hearing in ex-parte (1) If, on the date fixed for hearing a case or proceeding, a Revenue Officer finds that a summon or notice was not served on any pa rty due to the fa ilure of the opposite party to pay the requisite process fees for such service, the case or pr oceeding may be dismissed for default of payment of such pr ocess fees. (2) If a ny party to a case or proceedings before a Revenue Officer does not appear on the date fixed for hearing, the case or proceeding may be heard and deter mined in his absence or may be dismissed for defa ult; Provided tha t where there are more parties than one, and some of them do not appear, the Revenue Officer may permit such case or proceeding to proceed in the same way as if all the parties had appeared, and ma ke such order as he thinks fit. (3) The party against whom any order is passed under sub-section (1) or (2 ) may apply, within thir ty days from the date of such order, to have it set aside on the gr ound that he was prevented by sufficient cause from paying the requisite process fees or from appearing at the hear ing, and the Revenue Officer may, aft er notice to the opposite par ty and after making such inquiry as he considers nec essary, set aside the order pas sed. 84.Adjournment (1) A Revenue Officer may, from time to time for reasons to be recor ded, adjourn the hearing of a ca se or pr oceeding before him.- 23 -Ex-218/2013 (2) The date and place of an a djourned hearing shall be int imated at the time of the adjournment to such of the parties and witnesses as are present. 85.Power to order payment of cost A Revenue Officer may direct the parties to pay the cost incurr ed in any case before him and also apportion the cost among the parties in such manner and to such extent a s he ma y think fit. 86.Use of Force Wher e any order is passed under the provisions of this Act directing any person to deliver possession of land or directing the eviction of any person from land or demolit ion of unauthor ized construct ion, such order shall be executed by the competent authority in such manner as may be prescribed and it shall be lawful for such a uthorit y, in a ccordance with rules to be prescribed, to take such steps and use or cause to be used such force as may be reasonably necessar y for securing complia nce with the or der. 87.Appearance before and applications to Revenue Officers All appeara nces before, a pplications to, and a cts to be done before, any Revenue Officer under this Act or any other law for the time being in for ce may be made or done by the parties themselves or by their author ized agents or by any legal pr actitioner : Provided tha t any such appearance shall, if the Revenue Officer so directs, be made by the party in person. 88.Correction of error or omission Any Revenue Officer by whom an or der was passed in a case or proceeding may, either on his own motion or on the application of a party, correct any er ror or omission not affecting a material par t of the case or proceeding after such notice to the parties as he may consider necessary. 89.First Appellate authority Save as otherwise expressly provided, an appeal shall lie from every or der passed under this Act:- (1) If such an order is passed by an officer subordinate to the Assistant Settlement Officer, the appellant may prefer appeal to the Settlement Officer. (2) If such an order is passed by the Settlement Officer, the appellant may pr efer appeal to the Collector or Director. (3) If such an order is passed by the Collector or the Director, the appellant may prefer appeal to the Revenue Commissioner or Secretary, Revenue Department. 90.Second Appeal (1) A Second appeal sha ll lie a gainst any order passed in first appeal:- If an order is passed under Section 89, the appeal may be preferred appeal to the Tribunal. (2) An order passed by the Tribunal sha ll be final. 91.Limitation of appeals The limitation period for filing:- (a ) in the case of a first appeal, within thir ty days from the date of the order appealed against; and (b) in the case of a second appeal, after the expiry of sixty days from the date of the order appealed against. Provided tha t if there is sufficient or reasonable ground in the delay of preferring appeal, delay may be condoned by the appellate author ity.- 24 - Ex-218/2013 92.Revision The Commissioner or the Director, as the case may be, may either on his own motion or on the application of any party, call for the records of any proceeding before any Revenue Officer subordinate to him for the purpose of satisfying himself as to the legalit y or the propriety of any order passed by such Revenue Officer, and may pass such or der in reference thereto as he thinks fit; Provided that he shall not vary or reverse any order affecting any right between private per sons without having given a notice to the interested parties to appear or to be heard; Provided further that no revision shall lie after the expiry of ninety days from the date of the order proposed to be revised. 93.Rectification of mistake by review With a view to rectifying any mistake apparent from the record, a Revenue Officer referred to in section 7 may amend any order passed under the pr ovisions of this Act, either on his own motion or on the application of any party interest ed subject to the following conditions; (1) No order affecting any question of right between private per sons shall be reviewed except on the applica tion of a party to the proceedings or except after notice to the other pa rty, and no application for review of such or der sha ll be entertained unless it is made within ninety days from the date of the or der. (2) An order which has been a subject or appeal or on revision shall not be reviewed or amended by any officer subordinate to the appellate or revision author ity. P rovided that no order shall be reviewed or amended after expiry of one-hundred eighty days in which the order sought to be a mended was passed. 94.Stay of execution of orders (1) A Revenue officer who has passed any or der, or in his absence, his success or-in-office, may, at a ny time before the exp iry of the period prescribed for appeal, direct the stay of execution of such order for such period as he thinks fit, provided that no appeal has been filed in the meantime. (2) Any authority befor e whom a case is pending in a ppeal or revision may direct the sta y of execution of the order appealed from or under r evision for such period not exceeding 45 days. 95.Process fees Every application, appeal or review or other proceedings under this Act shall be accompanied by a process fees of such amount as per the provisions of the Court Fees (Mizoram Amendment) Act, 1996. 96.Exclusive jurisdiction of Revenue Courts and bar of jurisdiction of Civil Courts (1) Save as otherwise p rovided in this Act, or any other la w for the time being in force, a Revenue Cour t shall have jurisdiction to determine, decide or dispose of any matter which it is, by or under this Act, empowered to determine, decide or dispose of and no Civil Court sha ll exercise jurisdiction as to any of such matters. (2) Subject to the exception hereinafter specified, no civil Court shall exercise jurisdiction as to any of t he following matters, namely :- (a ) claims against the Government relating to any p roperty appurtenant to any office or for any service whatsoever; (b) objections- (i) to the amount or incidence of any assess ment or collection of land revenue under this Act, or (ii) to the mode of assessment or levy or collection or to the principle on which such assessment or levy or collection is fixed or made; or (iii) to the validity or effect of the notification issued under this Act or the Rules made ther eu nder ;- 25 -Ex-218/2013 (c ) claims connected with or arising out of any proceedings for the realisation of land revenue or other demands recoverable as ar rears of land revenue under this Act, or any other law for the time being in force; (d) claims to set aside, on a ccount of irregularit y, mistake, or any other ground, except fraud, sales for arrears of land revenue; ( e) claims against the Government- (i) to be entered in t he revenue survey or settlement records or a ny land records as liable for the revenue or a s holder, occupant, mor tgagee, landlor d or tenant, (ii) to have any entry made in any record of a revenue survey or settlement relating to la nd revenue; or (iii) to have any such entry omitted or amended; (f) distr ibution of land or allotment of land, revenue or partit ion of any land under this Act or any other la w for the time being in force; and (g) claims against the Government – (i) to hold land wholly or pa rtially free from pa yment of land revenue, or (ii) to r eceive payments charged on or payable out of t he land revenue, or (iii) to set aside any cess or r ate paya ble under the provisions of a ny law for the time being in force, or (iv) resp ecting the occupation of waste or vacant land belonging to Government. 97.Savings of certain suits Nothing in section 93 shall be held to prevent the Civil Courts from enterta ining any of the following suits :- (a ) Suit s against the State Government to contest the amount claimed or paid under protest , or recovered a s land revenue on the ground that such amount is in excess of the amount author ized in that behalf by the Government, or that such amount ha d, prior to such claim, payment or recovery, been satisfied in whole or in part, or that the plaintiff or the person whom he represents is not the person liable for such amount; (b) Suits between private parties for the purpose of establishing any private right, in case it is affected by any entry in a ny land record; or (c ) Suit s between priva te parties for possess ion of a ny land being in a whole survey number or sub-division of a survey number or a pa rt thereof. CHAPTER – IX TRANSFER OF OWNERSHIP OF LAND 98.Transfer of ownership of land (1) If a Settlement holder or Periodic Patta holder or Pass holder who is a domicile of the S tate wants to tr ansfer his land partly or wholly to a nother, he sha ll apply using the for m as may be prescribed by the Government from time to time a nd a new certificate or Periodic Patta or Pass will be issued with prior permission of t he competent a uthority. Rates of new recor ding fees , etc a s may b e fixed by the Government from time to time sha ll be paid by the transferee or transferor as the case may be. (2) No land wit hin the area t o which this Act extends, shall be transferred by a tribal to a non-tr ibal or by a non-tribal to another non-tribal or even by any tribal domicile of the State as descr ibed in s ub-section (16) and sub-section (45) of section 2 of this Act to a non-domicile t ribal except with the previous s anction of the Government; Provided that the Government, if satisfied, may, from time to time by notification, prohibit any transfer of land within such a rea or areas as may be specified in the notification and- 26 - Ex-218/2013 thereupon the competent authority shall not sanction any such transfer of land under the provision of this Act, within such ar ea or ar eas. (3) Every notification issued under the proviso to sub-section (2) of this section shall have effect only on the date of its fir st publication in the official gazette of Mizoram; (4) No officer required under any law for the time being in force relating to registration of documents or to the recording of any right in or over land shall register any documents or record any r ight relating to any tr ansfer of land which is contr ary to sub-section (1) and (2) of this section. (5) Any transfer of la nd made in contravention of t he provisions of this section shall be void and shall not be enforceable in any court. Explanation: The expression ‘non-tribal’ shall include Ministry, Unit, Body, Department, Undertaking, Corporation, Company, Society, Authority and the like under the Central Government or any State Government, any registered fir m or society or association or compa ny formed by t he tribals, and any other corporate body even if comprised fully of the tribals and religious institution. 99.Disposal of applications (1) In granting or refusing sa nction under section 98, the Government shall also take into account the following matters according to the circumsta nces of each ca se:- (a ) whether the non-tr ibal holds any other land in the State; (b) whether there is any other tribal willing to take the land on tr ansfer a t the market va lue; (c ) whether the non-tribal seeking to take the land on transfer is carrying on any business, profession or vocation in or near the area and whether for the purposes of such business, profession or voca tion, it is necessar y for him to r eside in the area; (d) interests of the Scheduled Tribes in the area; ( e) whether the land proposed to be transferred is actually required as a place of public religious worship by any community or as burial or crema tion ground; (f) whether the land sought to be tr ansferr ed is for the purpose of implementing a scheme to promote the int erests of the tribals in the field of educa tion, health or industry; (2) Every order granting or refusing sanction shall be in writing and, in the ca se of a ny refusal, shall contain reasons for such refusal. (3) Every application for sanction under this section shall be disposed of by the competent authority as early as possible and not later than six months. (4) If no order is passed by the competent authority on such application within s ix months, it shall be deemed that the sanction has been accor ded. 100.Requirement of registration All valid transfers of la nd shall be compulsorily registered within the State under the provisions of the Indian Registration Act, 1908 as amended from time to time and subject to the provisions of the said Act. 101.Eviction of persons in unauthorized possession or illegal transfer of ownership of land (1) If any person is found in possession of any land otherwise than in accordance with the provisions of this Act, the competent authority may serve a notice upon such person requiring him to show cause why he should not be evicted from the land, and, a fter giving him an opportunit y of being heard, requir e him to vacate the land and t o remove any buildings or fences which may have been erected thereon, within such time as ma y be fixed in this behalf. Provided that annual crops actua lly growing on the land if any, shall be allowed to remain till they a re harvested or reasonable time prescribed by the competent author ity. (2) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may evict such person fr om the land.- 27 -Ex-218/2013 (3) The competent authority, upon such land being vacated, ma y restore the land to the original transferor or his successor-in-interest on refund of the actua l consideration to the transferee or a ny person claiming through him; Provided tha t in ca se the original transferor or his successor-in-interest refuses or fails to refund the actual cons ideration to the transferee or any person claiming through him, the land shall vest in the Government free from all encumbrances. (4) Any person aggrieved by an order passed by the competent authority under sub-section (1 ) or (2) or (3), may, within a period of thir ty days from the date the order is communica ted, pr efer an appeal to the Commissioner of Revenue. 102.Sale of land by Court or other authority No land belonging t o any domicile tribal shall be sold in execution of any decree or order passed by a court or any other authority to any non-domicile tribal or non-tribal except with the previous permission of t he competent author ity. 103.Penalty Any person or persons intentionally disobeying an order or requisition to vacate under section 101 shall be liable to a fine which may extend to Rupees ten thousand, and in case such disobedience is cont inued, to a fur ther fine which may extend to Rupees five t housand for each day during which such breach continues. 104.Cognizance of offence All offences punishable under this Act shall be cognizable and baila ble. 105.Exemptions Nothing cont ained in this Act shall apply to – (1) Any transfer of land as security for any loan gra nted by such ba nking company, non-banking fina ncial institutions, co-operative society or other credit institutions recognized by Reserve Bank of India from time to t ime. Provided tha t a banking company, non-banking financial institution, co-opera tive society or other credit institutions as notified above by the Government shall not tra nsfer a ny such land to a person who is non-tr ibal or non-domicile tribal except with the previous sanction of the competent authority as provided in section 98; (2) letting out on rent of any building standing on land; (3) any transfer of land to or in favour of the Government; (4) any transfer of la nd to, or in favour of – (a) any company, corporation, society (including co-operative society), autonomous body or association, wholly or substantially owned and controlled or managed by the Government and which the Government may, by notification, specify in this behalf; (b) a Municipal Corpora tion or municipality constituted under any law. (c ) any person or member of a Gorkha community domiciled in the S tate of Mizora m as described in Section 2(16). 106.Bar of suit in Civil Courts No suit sha ll be brought in any civil court to set aside or modify a ny order made in resp ect of land revenue assessment, collect ion of land revenue or taxes or impos ition of penalt y on arr ear. 107.Suit, etc., against authority and officers acting in good faith No suit, prosecution or legal proceeding shall lie against any authority or officer for anything done in good faith under this Chapter.- 28 - Ex-218/2013 CHAPTER – X OWNERSHIP OF AN APARTMENT IN A MULTI STOREYED BUILDING 108.Apartment or group housing to be heritable and transferable Each apartment including group housing in a cooperative basis together with the percentage of undivided interest in the common areas and facilities of such apartment shall, for all purposes, constitute heritable and transfer able immovable property within the meaning of any la w for the time being in force, and accordingly, an apartment owner may tra nsfer his apar tment a nd the percentage of undivided interest in the common areas and facilities of such apa rtment by way of sale, mortga ge, lease, gift, exchange or in any other manner whatsoever in the same ma nner, to the sa me extent and subject to the same rights, privileges, obliga tions, liabilit ies, legal proceedings, remedies and to pena lty, forfeiture and punishment as any other immovable property or make a bequeath of the same under the laws applicable to the transfer and success ion of immovable property. 109.Ownership of apartments Each group housing or apa rtment owner shall be entitled to exclusive ownership and possession of his apar tment in accor dance with the Land Set tlement Certif icate (Apartment) executed and regist ered in a ccordance with the provisions of these Act. 110.Common areas and facilities (1) Each group housing or apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage specified in the Land Settlement Certificate (Apartment). Such percentage sha ll be computed by taking as t he basis the ex tent of the plinth a rea ava ilable in the apar tment in relation to the tota l extent of the plint h area available in the building. (2) T he percenta ge of t he undivided interest of each apartment owner in the common areas and facilities, if any, as expressed in the Land S ettlement Certificate (Apartment) shall have a permanent character, and shall not be altered without the consent of all the apartment owners. The percentage of t he undivided interest in such common areas and facilities shall not be sepa rated fr om the apartment to which it appertains, and shall be deemed to be conveyed or encumbered with the apartment whether or not such interest is express ly mentioned in the conveyance or other instrument. (3) Each apartment owner may us e the common ar eas and facilit ies in accordance with the pur pose for which they are intended without hindering or encroaching upon the lawful rights of the other apartment owners. (4) The necessary works of maintenance, repairs and replacement of the common areas and fa cilities a nd the limit ed common areas and fa cilities a nd the making of a ny additions or impr ovements thereto shall be ca rried out only in accordance with the provisions of this Act and the bye-laws. 111.Certain works prohibited No a partment owner shall do any work or put the apartment to any other use which would jeopar dize the soundness or safety of the property, reduce the value thereof nor shall any a partment owner add any materia l structure or excavate any a dditional basement or cellar without previously obtaining the unanimous consent of all the other apartment owners. 112.Contents of Land Settlement Certificate (Apartment and group housing) The Land Settlement Certificate (Apartment) shall contain the following pa rticulars:- (1) Description of the land on which the bu ilding and improvements are located (including survey number, plot number etc.); and whether the land is freehold or leasehold and if leasehold, the period of such lease.- 29 -Ex-218/2013 (2) Description of the building stating the number of storey and basements, the number of apartments and the principal materials to which it is or is to be constructed. (3) The apartment number of each and a statement of its location, approximate plinth a rea, number of rooms and immediate common area to which it has access, and any other particulars necessary for its pr oper identification. (4) Description of the common areas and facilities and the percentage of undivided interest appertaining to the apartment in the common areas and facilities. (5) Tota l plinth area of the building of each apartment and its owner along with the area of the land on which the building is located and the proportionate area of the land vis-a-vis the proportionate area of the apartment. (6) Description of the limited common areas a nd facilities, if any, stating to which apar tment t heir use is reser ved. (7) Any other details in connection with the property which the Government may deem desir able to set forth consistent with this Act. 113.Record-of-rights of multi-storeyed building (1) Subject to t he provisions of the Mizoram Land Sur vey and Settlement Operation Act, 2003 (4 of 2003) as amended from time to t ime and such rules as may be made by t he State Government in this behalf, the Director of Land Records or the Dir ector or the competent author ity, as the case may be, shall give effect to allotment or partition of such multi-storied units or flats or apar tments of multi-storeyed buildings to legal inheritors or tr ansferees of the land or building, as ma y be p rescribed. (2) No transfer of mult i-storeyed unit s or flats or a partments of a ny multi-storied building shall be ma de by way of s ale, excha nge, gift, bequest or mortga ge with possession, without prior permission from the Government or competent author ity. (3) If the inheritors or transferees of such storeyed property have a joint interest in the land, their names shall be entered as co-holders in the recor d-of-rights. 114.Land Settlement Certificate (Apartment) and copy of Floor plan to be registered (1) The Land Settlement Certificate (Apartment) and every endorsement thereon relating to the transfer of the apartment including development right and the Floor Plan of the bu ilding sha ll be registered under Registra tion Act, 1908 (Centr al Act XVI of 1908) a s adapted in the State of Mizoram and for pur pose of the said Act, the said documents shall be deemed to be documents of which registration is compulsory. (2) The floor plan of the multi-storeyed building or group housing shall be registered under building regulations of Municipalities or Local Bodies or any other Authorities under the government. CHAPTER – XI GENERAL AND MISCELLANEOUS 115.Right to inspection of copies of documents, statements and registers All documents, statements and registers maintained under this Act or the rules framed there under shall be open to inspection during such hours and subject to such conditions and payment of fees as may be prescribed. Any person sha ll, on payment of such fees, be entitled to be fur nished with a copy of, or any portion of any such document, statement or register. 116.Costs Subject to t he provisions of this Act, the cost of and incidence to proceedings before any Revenue Officer or the Tribunal shall be at his/its discretion and he/it shall have full powers to determine by whom or for what pr operty and to what ext ent such costs are to be paid and to give all necessary direction for the purposes aforesaid.- 30 - Ex-218/2013 117.Service of notice, orders, etc. Every notice or other docu ment required or authorized to be served under this Act ma y be served either - (a ) by delivering it to the person on whom it is to be served, or (b) by leaving it at the usual or last known place of abode of that person, or (c ) by sending it in a registered letter addr essed to that person a t his usual or last known place of abode, or (d) in case of a corpor ate body by delivering it or sending it in a registered letter addr essed to the Secr etary or other principa l funct ionary of the company or body at its principa l office, or ( e) in such other manner as may be laid down in the Code of Civil Procedure, 1908 (Act V of 1908). 118.Application of the provisions of section 5 of the Indian Limitation Act, 1963 Unless otherwise specially provided in this Act, the provision of section 5 of the Indian Limitation act, 1963 shall apply t o all pr oceedings under this Act. 119.Application of the provisions of the Indian Easements Act, 1882 Save as otherwise provided in this Act, any of the provisions of Indian Easements Act, 1882 (Act V of 1 882) as amended from time to time shall apply to the proceedings under this Act, subject to the manner prescribed by the Government tha t it deems exp edient to apply such provision to such case or situa tion or area. 120.Prohibition against unauthorized dealings with public place or material (1) No person shall, without authority in that behalf, remove earth, sand or other materials or deposit any matter or make any encroachment from, in, or on any land vested in the State Government, or in any way obstruct the same. (2) Any encroachment in the ma nner described in sub-section (1) of this section of p ublic place or public material or public space shall be decided by the Government as per provisions of the Mizoram (Pr evention of Government Land Encroachment) Act, 2001 a s amended from time to t ime. 121.Legal sanctity of computerized land records, maps and documents (1) Subject to such rules as may be made in this behalf, the land records, maps, registers, accounts and other r elevant documents prepared and maint ained by means of computer-aided mar king such as bar code, biometr ic record and photo etc. or other electronic device shall be legally valid document and it shall have the same evidential value as a document prepared and maintained in accor dance with this Act or in any other laws for the time being in force. (2) A set of computerized print-out of such records, duly a uthenticated by the competent author ity, shall be ta ken up for upda ting and for issue of original or certified copies through computer. Such computerized r ecord-of-right, duly a uthenticated by the competent authority, shall be presumed to be cor rect, and on a par with the original copy of record-of-rights. 122.Delegation of powers by the state Government The State Government may, by notification in the Official Ga zette, delegate any of its powers to be exer cised under this Act to any authority subordinate to it subject to such reservations as ma y be specified in the notification. 123.Protection of action taken under this Act (1) No suit, prosecution or legal proceedings shall lie against any person for anything done or intended to be done in good faith in pur suance of this Act or any rules made thereunder.- 31 -Ex-218/2013 (2) No suit or other legal proceedings shall lie against the State Government for any damage caused or likely to be caused or for any injury suffered or likely to be suffered by virtue of any provisions of this Act or by anything done or intended to be done in good fa ith in pursuance of this Act or any rules made thereunder. 124.Village Council and Local Councils to keep such records as may be prescribed The Government may prescribe from time to time what land recor ds, maps, registers, a ccounts and other records shall be kept by the Village Councils and the Local Councils. 125.General provisions as to penalties Whoever cont ravenes any provision of this Act for which no penalty has been otherwise provided for therein sha ll be punishable with fine which may extend to five thousand rupees or imprisonment which may extend up to s ix months or both. 126.Powers of Officers dealing with proceedings under this Act Subject to the provisions of this Act and rules made thereunder, any officer while dealing with proceedings under this Act shall exercise the powers of a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908) for the purpose of- (a ) Summoning and enforcing the attendance of any person and examining him on oath as a witness; (b) requiring t he discovery a nd production of any document or record; (c ) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any office; ( e) issuing commission for the examination of witness or documents; (f) enforcing of execution orders including a n order for restoration of possession as if such or ders were decrees of a civil court; (g) rema nding any case or proceedings to the officer from whose decr ee the a ppeal is prefer red, and while such officer sha ll record the substance of the evidence, if any, ta ken by him. 127.Act to override other Laws Save and except the provisions of any ot her law to which the provisions of this Act have been subject to, the latter shall have overriding effect over the pr ovisions contained in any other law of the S tate for the time being in for ce or in any custom or usage or in any contract, express or implied, or any instrument having effect by virtue of any such Sta te law other than this Act; Provided that in case more than one law have been given the over riding effect and are in conflict, then latest law shall have the overriding effect. 128.Power to remove difficulties If a ny difficulty arises in giving effect to the provisions of this Act, the state Government may, as occa sion may requir e, by notification in the official Ga zette, take any action not inconsistent with the provisions of this Act, which appears necessary or expedient for the purpose of removing the difficulty. 129.Power of the State Government to give directions The State Government may give such directions, not inconsistent wit h the provisions of this Act , to any Collect or, Revenue Officer or any other competent author ity under this Act as may appear to the Government to be necessary for the purpose of car rying out the provisions of this Act or the rule ma de ther eu nder. 130.Transitory provisions Any case instituted or pending in a civil court immediately before coming into force of this Act, which would under this Act, shall be exclusively liable to be tried by a Revenue Court, and shall be disposed of b y such civil court according to the law in force prior to the commencement of this Act.- 32 - Ex-218/2013 131.Repeal and Savings (1) On and from the date of commencement of this Act, the following enactments with all amendments thereof as in force in the State sha ll stand repealed, namely- (a ) The Assam Land and Revenue Regula tion, 1886 (Assam Act No. 1 of 1886) as extended to Mizoram and as ada pted. (b) The Lushai Hills District (House Site) Act, 1953 as adapted. (c ) The Lushai Hills District (Jhumming) Regulation 1954 as adapted. (d) The Mizo District (Land and Revenue) Act , 1956 as adapted. ( e) The Mizo District (Agricultural La nd) Act , 1963, as adapted. (f) The Mizo District (Transfer of La nd) Act , 1963 as adapted. (g) The Mizoram Land Holding and Settlement Act, 2000 (Mizoram Act no. 1 of 2001). (h) The Mizoram (Taxes on Land, Building and Assess ment of Revenue) Act 2004. (2) The repeal of any enactment or pa rt thereof by sub-section (1) shall not affect – (a ) The previous opera tion of such enactment or anything duly done or suffered thereunder. (b) Any right, privilege, obligation or lia bility a cquired, accrued or incurred under such enactment. (c) Any penalty, forfeiture or punishment incurred in respect of any offence committed against such enactment. (d) Any investigation, legal proceeding or remedy in respect of a ny such right, privilege, obligation, liability, penalty, forfeiture or punishment arisen or awarded under any of the enactments a s aforesaid, and any such investigation,, legal proceeding or remedy may be instituted or enforced and any such penalty, forfeit ure or punishment may be imposed, as if any such enactment or part thereof had not been repea led. (3) Subject to the provisions contained in sub-section (2), any appointment, rule, order, notification, or proclama tion made or issued, a ny lease, permission, rent, r ight or liability granted, fixed, acqu ired or incurr ed and any other thing done or action taken under any of the enactments or parts thereof repea led under sub-section (1) sha ll, in so far a s it is not inconsistent with the provisions of this Act, be deemed to have been made, issued, gr anted, fixed, acquired, incur red, done or taken under this Act and shall continue to be in force until s uperseded by anything done or a ny action taken under this Act. (4) Any custom or usage prevailing on the date of commencement of this Act a nd having the force of law shall, if such custom or usage is repugna nt to or inconsistent with any provision of this Act, cease to be operative to the extent of such r epugnancy or inconsistency. 132.Power to make rules (1) The State Government may, by notification in the official Gazette, make rules for the pur pose of carrying out the provisions of this Act. (3) Every rules made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly of Mizoram while it is in sess ion for a total period of not less than four teen days which ma y be compr ised in one session or two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Assembly ma kes any modification in the r ules or decides that the rules shall not be made, then the rules and regulations or notifications if any, made shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modifica tion or a nnulment shall be without prejudice to the validit y of anything previously done under such rules and regulations or notifications, if any. Secretary, Law & Judicia l Department, Govt. of Mizoram. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500- 33 -Ex-218/2013
NOTIFICATION No. H. 12018/229/2013-LJD, the 1st May, 2013. The following Act of the Mizoram Legislative Assembly, which received the assent of the Governor of Mizoram is hereby published for general information. The Mizoram (Land Revenue) Act, 2013 (Act No. 5 of 2013) {Received the assent of the Governor of Mizoram on the 17th April, 2013}. AN ACT to make provisions for allotment, occupation, use or setting apa rt of land other than any land which is a notified forest or wildlife sanctuary, for agricultural and non-agricultural purposes, for allotment or assignment of r ights in or over such land, for land tenur es, transfer and alienation, for assessment and collection of revenue and taxes in respect of such land and building, etc and to consolidate the laws to all such lands relating to Land Revenue Administration in the State of Mizora m and for matters connected therewith and incidental thereto. It is enact ed by t he Legislative Assembly of the State of Mizor am in the sixty-fourth Year of the Republic of India a s follows:- CHAPTER- I PRELIMINARY 1 . Short title, extent and commencement (1) This Act may be called The Mizoram (Land Revenue) Act, 2013. (2) It shall extend to the whole of Mizoram except the ar ea of Autonomous Districts of Lai, Mara and Chakma. (3) It shall come into force on such date or dates as the State Government may, by notification in the Officia l Gazette, appoint, and different dates may be appointed for different pr ovisions of the Act.The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 2.5.2013 Vaisakha 12, S.E. 1935, Issue No. 218RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page - 2 - Ex-218/2013 2 . Definitio ns In this Act, unless there is something repugnant to the subject or cont ext, (1) “agriculture” includes horticulture, the raising of annual or periodical crops, or ga rden produce, pla nting and upkeep of or cha rds or pla ntation, dair y fa rming, poult ry far ming, live-stock br eeding, grazing and piscicu lture and the express ion, “non-agriculture”, shall be construed accordingly; (2) “agricultural land” means land which is used or is capable of being used for agricultural purposes and includes land u nder homesteads occupied for residential purposes in connection with agricultural holdings and the expression, “non-agricultural land”, shall be construed accordingly; (3) “allotment” means a llocation or a pportionment of land or part of it to a specific person or body of persons having legal entity known as the allottee by the State Government or the competent authority in this behalf; (4) “apa rtment” means and includes a part of property intended for any type of independent use including one or more floors (on p art or parts thereof) in a building or buildings intended to be used for residence including group housing on co-operative basis, office, practice of any profession or carrying on of any occupation, trade or business or for other type of independent use and with a direct exit to a public str eet, roa d, or highway or to a common a rea lea ding to such street, road or highway ; (5) “apartment number” means the number, letter or combination thereof designating the apartment in the Land Settlement (Apartment) Certificate; (6) “apa rtment owner” means the person or persons owning an a partment and an undivided interest in the common ar eas and facilities in the percentage specified in the Land Settlement (Apartment) Certificate and includes an outright purchaser or a hire purchase allotee of such apartment and undivided interest; (7) “arr ears of land-revenue” means la nd-revenue which remains unpa id after the date on which it becomes payable; (8) “benami tra nsaction” : or “transa ction in benami” means any transact ion defined as such in the Benami Transaction (Prohibition) Act, 1988 (Central Act no. 45 of 1988); (9) “boundary” means the limits, dividing lines or partitioning of two adjoining or contiguous pieces of land; (10) “building” means a house, out house or other roofed structure whether ma sonry, brick, wood, mud, metal or any other material whatsoever but does not include a tent or other portable and temporary shelter; (11) “Cer tificat e of La nd Sett lement” or “La nd Settlement C ertific ate” mea ns a certific ate gr a nted under section 11 of the Mizo Distr ict (La nd and Revenue) Act, 1956 or section 4(2) of the Mizo District (Agricultural Land) Act, 1963, as adapted and includes a similar certificate issued under this Act; (12) “Collector” means the Depu ty Commissioner of a district and includes a n Additional Deputy Commissioner or any other officer appointed by the S tate Government to exercise and perform all or any of the functions of a Collect or under this Act; (13) “Common Areas and Fa cilit ies” u nless and otherwise provided in the Certificate of La nd Sett lement (Apartment) mea ns – (a ) land on which a building is loca ted; (b) the foundations, columns, girders, beams, suppor ts, main walls , roofs , halls, corridors, lobbies, stair s, stairways, terra ce, compound wa lls, fire esca pes, wells, dumps a nd entr ances a nd exits of the building ; (c ) the basement, cellars, ya rds, ga rdens, parking areas a nd stor age spa ces; (d) the premises for looking after of caretaker or persons employed for maintenance of the property; ( e) water supply, sewerage and draina ge connections and the insta llations of other services like power, light gas, hot and cold water heating, refrigerator, air conditioning and incinera ting; (f) the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installa tions existing for the common use; (g) such other community and commercial facilities as may be prescribed and (h) all other pa rts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use; (14) “competent authority”, in relation to a ny provision, means any officer appointed by the State Government to be the competent authority for the purpose of that provision under this Act; (15) “Deputy Commissioner” mea ns a Deputy Commissioner of a distr ict; (16) “Domicile of the S tate” or “domiciled in the S tate”, with reference to the State of Mizoram, means any r esident of the State, whose family ha s been residing in M izoram prior to 26th January, 1950; (17) “Family” means persons such as parents, childr en and descendants including servants who live in one house and us e common kitchen; (18) “far m” means a tra ct of land for ming a single property and devoted to cultivation of land and growing agr icultur al and horticultural crops including trees and bamboos, ra ising livestock or aqua tic animal and production of dairies and allied activities; (19) “holding” means a parcel of land separately assess ed to land revenue; (20) “improvement,” in r elation to any land, means any work or product of work which materially adds to the value of the land and which is suitable to the land and consistent with the chara cter thereof. (21) “land” means broadly any gr ound, soil or earth, whether covered or not, and which is or may be utilized for agricultural or non-agricultural purposes or purposes subservient thereto and includes benefits to arise out of such land, a nd things atta ched to the earth or permanently fastened to anything atta ched to the earth; (22) “land-holder” means holder of a parcel of land or a pr oprietor of la nd, who is resp onsible for the payment of la nd revenue; (23) “land revenue” means any revenue a ssessed by the State Government on the land and includes any tax a ssess ed in lieu of la nd r evenue or all moneys des cribed as p remium, rent, lea se, money, charge, fee, cess or in any other manner, in any enactment, contract or similar instruments; (24) “local authority” means a Municip al Boar d/Council, any Urban Development Authority, Town Committee, Land Advisory Committee, Local Council or Village Council; (25) “mutation” means the process of change or alteration or substitution of the name of the previous land owner t o the name of the new land owner; (26) “Official Gazette” means the Mizoram Gazette; (27) “person” includes an individual, a firm, a Company or an association or a body of individuals whether incorpora ted or not; (28) “premium” means a lump sum amount of money paid as a consider ation for the a llotment of land; (29) “prescribed” means prescribed by rules made under this Act; (30) “private ma rket” shall be deemed to be synonymous with the expression “bazaar ” and shall mean;- (i) a place where persons assemble for the sale of or the purpose of exposing for sale of meat, fish, fruit s, vegetables, livestock or any other ar ticles or food or a perishable nature, whether or not there is a ny collection of shops or warehouses or sta lls for the sale of other articles in such place, or (ii) any place of trade or business other than a place referred to in sub-clause (i) where there is a collection of shops or warehouses or sta lls; (31) “Public Investment Board” means Mizoram P ublic Investment Board constituted for screening and clearing proposals for using land for industrial purposes or for setting up of public institutions namely:- schools, colleges, hospitals, or for contra ct farming;- 3 -Ex-218/2013 (32) “public place” means any place which is open to t he common use and enjoyment of the public, whether it is actually used or enjoyed by the public or not, and includes a common space meant for public use; (33) “public pur pose” shall have the same meaning as defined in clause (f) of section 3 of the Land Acquisition Act, 1894 as a mended from time to time; (34) “rent” means whatever is lawfully payable in cash or in kind, partly in cash and partly in kind, whether as a fixed quantity of produce or as a share of the produce, on account of the us e or occupation of land or on a ccount of any r ight in land but shall not include la nd revenue; (35) “Reserved Forest” means any area which is surveyed and notified as such under the Assam Forest Regulation, 1891 or under the Mizo District (F orest) Act, 1955 or under any other law for the time being in force in the area in quest ion; (36) “Revenue Officer” means an officer of any rank whosoever appointed under or employed for the purposes of this Act; (37) “Settlement Officer” means a Settlement Officer appoint ed under the Mizoram (Land Survey and Settlement Operation) Act, 2003 (No. 4 of 2003) as amended from time to t ime; (38) “shop” means any pr emises where any trade or business is carried on and where services are rendered to customers; (39) “sta ll” means a sma ll shop with an open front where people sell things in it at a ma rket or any other pla ce; (40) “State” means the State of Mizoram; (41) “Sta te Government” or “Government” means the Government of Mizoram; (42) The express ions ‘Survey’, ‘Survey mark’ and ‘Sur vey Officer ’ shall ha ve the same meaning as r espectively assigned to these under the Mizor am (Land Survey and Settlement Operation) Act, 2003 (No. 4 of 2003) as amended from time to time; (43) “tax” means a sum of money collect ed by the collecting authorities at the rate fixed by the Government from time to time from the domicile of the State of M izoram excluding the a reas of t he Autonomous District Council on a ccount of living in Mizoram and the owner of building or apartment let out for residential and other purposes; (44) “Town” means a village or group of villages where allotment of sites for r esidential and non residential purposes reserved for the Government which ma y be notified in Official Gazette fr om t ime to time; (45) “Tribal” means a person who belongs to one of the Scheduled Tribes for the State of Mizoram and specified as such by an order or orders ma de by the President of India under Article 342(1) of the Constitution of India in s o far a s the specification pertains to Mizoram; (46) “Tribunal” means a Revenue Tribuna l constituted under this Act a nd for the purposes of this Act; (47) “Vacant Land” means any land which has not been allotted to anyone, whether occupied or un-occupied and over which nobody has a cquired any right under the Act, but shall not include any land within any surveyed and notified forest or wildlife sanctua ry and any land comprising any Government or public r oad; (48) The express ions, ‘Village’, ‘Village Council’ a nd ‘Village Council P resident’, sha ll have the same meaning respectively as assigned to each of these under the Lushai Hills District (Village Councils) Act, 1953 as amended from time to time, and declared as a revenue village under the provisions of the M izoram (Land Survey and Settlement O peration) Act, 2003 and the rules ma de ther eu nder. (49) “Year” means a year commencing on the first da y of April.- 4 - Ex-218/2013 CHAPTER – II REVENUE DIVISIONS, REVENUE OFFICERS, THEIR APPOINTMENT AND POWERS. 3.Chief Controlling Authority The State Government shall b e the Chief Controlling Authority in all matters relating to la nd allot ment and land revenue administra tion under this Act. Provided that under the overall s upervision of the Chief Contr olling Authority, the Director of Land Revenue and Settlement shall function as the Contr oller of Land R ecords for the purposes of this Act. 4 . Power to create, alter or abolish revenue divisions, districts, sub-divisions The State Government may, by notification in t he official Gazette, divide the area to which this Act extends into one or more r evenue divisions, and may similarly divide any division into districts, any district into Sub-divisions, any sub-division into circles and circles into villages, and may create as such, alter the limits of, amalgamate, or abolish any such divisions, districts, sub-divisions, circles or villages. 5 . Procedure for constitution, abolition, etc. of Revenue divisions, districts, sub-divisions, circles or villages Before the publication of any notification under Section 4 declaring a ny area to be a revenue division, district, sub-divis ion, circle or village or altering the limits of any division, district, sub-division, circle or village, or abolishing any division, district, sub-division, circle or village, the State Government shall publish in the Official Ga zette or in such manner as may be prescribed, a notice of the proposal inviting objections or suggestions, if any, fr om the general public of the area a nd shall take into cons ideration any objections or suggestions on such proposal, after giving r easonable oppor tunities of hear ing to the persons or public so interested. 6 . Appointment of Revenue Officers (1) The State Government or such Officer as ma y be authorized by the Government in this behalf, may, by notification in the Official Gazette, appoint t he following classes of Revenue Officers, namely– (a ) Revenue Commissioner for the whole of the State or a division as it may cons ider necessary a nd as many Joint Commissioner s (Revenue) and Assistant Commissioners (Revenue) a s may be necess ary; (b) Collector for each district and as many Additional Collectors, Deputy Collectors and Assistant Collectors as it may consider necessary; (c) Director of Land Revenue and Settlement for the whole of the State and as many Additional Director(s), Joint Dir ector(s ), Depu ty Director(s) and Assistant Director(s) as it may consider necessary; (d) Settlement Officer for each distr ict and as many Additional S ettlement officers, Deputy Settlement officers and Assistant Settlement Officers as it may consider necessary; ( e) Sub-divisional Officer (Revenue) for each sub-division and as many Assistant Collectors and Assista nts as it may consider necessary; (f) Revenue Cir cle Offic er, for each Revenue Circle (2) The Revenue officers so appoint ed shall be responsible to maintain and preserve all land- records in writing as well as in digitalized formats.- 5 -Ex-218/2013 7 . Revenue Commissioner, Director, Collector and Other Revenue Officers (1) Subject to over-all control of the State Government, the Revenue Commissioner shall be the Chief Revenue Officer of the State and sha ll exercise such powers and discharge such duties as a re conferred on or vested in him under this Act. (2) The Director of La nd Revenue and Settlement sha ll be in charge of all matters of direction and implementation of t he policies of the Government relating to land administra tion, settlement of land and collection of land revenues throughout the State and shall in respect thereof exercise all such powers and discharge all such duties as are conferred on or vested in him under this Act. (3) Each revenue distr ict shall be placed under the charge of a Collector or Settlement Officer or Assistant Settlement Officer who shall be in char ge of the revenue administration of the district and exer cise such powers and discharge such duties of a collector as ar e conferr ed on or vest ed in him under this Act. (4) Each Revenue Sub-division shall be placed under the charge of a Sub-divisional Officer (Revenue) who shall be designated as Deputy Collector of the Sub-division or Assistant Settlement Officer who shall exercise such powers and discha rge such duties as ar e conferred on or vested in him under this Act. (5) All other Revenue officers shall exercise such powers and perform all such duties for the purposes of t his Act , as may be specified by the State Government by notification in the Official Gazette. (6) Each Revenue Circle shall be placed under the cha rge of a Revenue Circle Officer who shall be a ssisted by as many as Revenue Inspectors who shall exercise such powers a nd discharge such duties as are conferred on or vest ed in him under this Act. (7) Each Revenue Villa ge may have Revenue Assistant who shall maintain a nd upda te all such revenue registers, accounts and records as may be prescribed by the government from time to time. 8 . Exercise of Powers of Settlement Officer or Survey Officers or Revenue Officers The State Government may vest any Revenue officer with all or any of the powers of a Settlement Officer or a Survey Officer under the Mizoram (Land Survey and Settlement Operation) Act, 2003 within such limits, restrictions and for such period, a s it may think fit. 9 . Subordination of Revenue Officers (1) All Revenue officers shall be subordinate to the Revenue Commissioner and all Revenue officers in the district, sub-division and Cir cle sha ll be subordinate to the Collector or Director or the Sub-divisional officer or Settlement Officer a s the case may be. (2) All Revenue officers in the Directorate of Land Revenue a nd Settlement s hall be subordinate to t he Director, La nd Revenue and Settlement. 1 0 . Combination of Offices It shall be lawful for the State Government to appoint one and the same person to any two or mor e of the offices provided for in this Act, to make any appointment by virtue of office already held and also to confer on any officer of the Government all or any of the powers and dut ies of any of the Revenue officers including the Collector. 11. Seals The State Government shall, from time to time, by not ification in the official Ga zette, specify the Revenue Officers or Settlement Officers who sha ll use a seal and also the size and description of the seal which each such officer shall use.- 6 - Ex-218/2013 CHAPTER – III CONTROL AND POWERS OVER THE LAND 1 2 . Title of the State Government over land etc. (1) All lands, public r oads, streets, lanes a nd paths, bridges, dit ches, dikes and fences, the bed of rivers, streams, nallas, lakes and tanks and all canals and water courses and all standing and flowing water and all land including notified and surveyed forest area, wherever situa ted, which are not the property of any individual or of such group of persons or any juristic person legally capa ble of holding property except in so far as a ny rights of such person as ma y be esta blished in or over the land as provided in any law for the time being in force, are hereby declared to be, with all a bsolute right, title, interest and possess ion in or over the same or appurtenant thereto, shall be the property of the State Government. (2) Wher e any property or any right in or over any such pr operty is claimed by or on behalf of the Government or by a ny person against the State Government and the claim is disputed, it shall be lawful for the S ettlement Officer of t he district concerned, after all reasonable inquiry, to pass an order deciding the claim provided that a ny party disputing the title to such land as per sub-section (1) mus t refer the dispute to the Settlement Officer concerned within one month on t he date of commencement of this Act, failing which the party’s claim, if a ny, sha ll be ba rred by the principle of waiver. (3) Any person aggrieved by an order made under sub-section (2) may prefer an appeal to the appellate a uthorit y within a period, as may be specified from the date of such or der and the decision of the Tr ibunal shall be binding on the parties. (4) Unless or otherwise it is expressly provided in terms of a grant made by the Central Government or the State Government, as the case ma y be, and subject to the provisions of any law or laws made by the Parliament in this regard, the right to mines, quarries, minerals and mineral products including mineral oil, natural gas and petroleum shall vest in the State Government, and it shall have all the powers necessary for the proper enjoyment of s uch rights. Explanation :For the pur poses of these provisions mineral includes any sand or clay which the State Government may declare to ha ve a commercial va lue or to be required for any public purpose. 1 3 . Right to trees etc. All natural trees a nd plants, or planted a nd raised by the side of any notified public road or path or on any public place or space having been so notified under any la w for the time being in force, shall vest in the Government and shall be the Government property on extinction of any other ’s rights whatsoever, on a nd from the commencement of this Act. 1 4 . Assignment of land for special purposes and economic programmes (1) The State Government may set apa rt any land for any special purposes including ba mboo farming, oil palm cultivation, tung cultivation, contract farming, or any other commercial farming duly approved by appropriate authority, for development of industrial area, for the purposes of special housing projects under any approved Central or State Scheme, for compensatory forest, for development of a village, town or city, or for the purposes ancillary thereto, or for any other public purposes as may be prescr ibed, a nd such lands so assigned specially shall not be used otherwise than for such purposes without expressed sa nction of the Government. Provided that except land for compensatory forest, land for development of a village, a town or a city, land assigned to under sub section (1) shall be on lease basis.- 7 -Ex-218/2013 (2) The right of grazing or pasturage on la nd shall extend only to the cattle of the village or villages for which such land has been s et apa rt a nd r eser ved, and sha ll be r egu la ted by r ules ma de under this Act. (3) In a villa ge wherejhum cultivation is pr acticed, the Village Council concerned, subject to any rules or regula tions in force in t his respect, may allot land for any special economic progr amme, as an alternative tojhumcult ivation, for a period of 1 (one) yea r at the first instance or as may be r equired. As far as possible, the land for such programmes shall be earmar ked. Provided tha t the Government may make guidelines regulating the manner of allot ment of land for such special programmes. 1 5 . Right to Fisheries State Gover nment may, by notification, declare any collection of water, running or stagna nt, to be a fishery and no right in any fishery so declared shall be deemed to have been acqu ired by any person or group of persons, after the commencement of this Act, except as provided in the rules made under this Act. 1 6 . Allotment of land (1) The Government, subject to the availability of land fr ee from all encumbrances and subject to appr opriate recommendation of the “Site Allotment Advisory Board” as ma y be constituted by the Government from time to time or in separate proceedings, the Government ma y allot land belonging to the St ate Government as decla red under section 12 of this Act, to the eligible person or persons as described in sub-section (16) of section 2 or sub-section (45) of section 2 of this Act in accordance with such other conditions as prescribed in Chapter IV to VI of this Act. (2) The Director or the Settlement Officer or the Assistant Settlement Officer, subject to appropriate recommendation of the Site Allotment Advisory Boa rd as ma y be constituted from time to time and with pr ior approval of the S tate Government, shall have the power – (a ) to a llot any such land for the pur poses of any industry or shop and stall or stone quarry or for any purpose of public utility on such conditions as may be prescribed; or (b) to allot land beyond the maximum ceiling limit of 60 bighas or 80268 square metres subject to the recommendation of the Mizoram Public Investment Board in a special case and public interest as the case may be, or; (c ) to entrust the mana gement of any such la nd or any right s therein in writing to the Local Council or the Village Council, as the case maybe, for the pu rposes of supply reserves or a ny other public utilit y purposes for the related a rea, as may be prescribed. (3) No allotment of land of any nature for whatever use shall be ma de in a reas tha t may cause public nuisance or that it is not in general public interest on grounds of public health, public safety and even public convenience. 1 7 . Unauthorised Occupation of Land (1) Any person who is found to occupy any land without lawfu l author ity sha ll be r egarded as a trespasser or encr oacher a nd shall be evicted in accor dance with the provisions of the Mizoram (Prevention of Government Land Encroachment) Act, 2001 as amended from time to time. (2) No right sha ll accr ue to a ny person who encroach or trespass upon land without having any title conferred up on him by the competent authority. P ayment of land revenue or ta xes on such land will not entitle the encroa cher any right or title to the property. 18. Diversion of Land (1) If a ny person holding land for a ny particular purpose chooses to divert such land or any part thereof for any other pur pose, such person shall apply for permission to the Collector or the Settlement Officer or the Assistant Settlement Officer who may, subject to prior sanction of- 8 - Ex-218/2013 the Government based on the recommendation of the Site Allotment Advisory Boar d concerned and the provisions of this Act and the r ules ma de thereunder, refuse permission or grant it on such terms a nd conditions a s it ma y think fit. (2) Permission t o diver t may be refused by the Gover nment on the gr ound that the diversion is likely to ca use a public nuisance or that it is not in the inter est of the general public or it is against the provisions of this Act or a ny other law in force or tha t the holder is unable or unwilling to comply with the conditions t hat may be imposed under sub-section (3). (3) Conditions may be imposed on diversion for the following objects, namely, in order to secure the public health, public safety and public convenience, or to ensure availability of sufficient land in the area for the purposes of establishment of social infrastructure or for the purpose of agriculture including horticulture, and in the case of land which is to be used as building sites, in order to secure, in addition, tha t such diversion is in consona nce wit h the plan of the area as notified under the Mizoram Municipalities Act, 2007 (Act No. 6 of 2007), or under the Aizawl Development Authority Act 2005 (Act No. 9 of 2005), or under the Mizoram Urban and Regional Development Act, 1990 (Act No. 12 of 1990), as the case may be. 1 9 . Penalty for using land for other purposes without permission (1) If a ny land has been diver ted or used for any ot her pur pose without the permission as required under section 18, the Collector or the Settlement Officer or the Assistant Settlement Officer authorized or specified under the rules may summarily evict the land-holder or the person resp onsible for the diversion, fr om the land so diverted and a ny building or other construction erected thereon sha ll also, if not removed after such written notice issued by the C ollector or the Settlement Officer or the Assistant Settlement Officer or such other officer as authorized may deem reasonable, be liable to forfeiture or summar y removal. The land holder or the person responsible for the diversion shall also be liable to pay such penalty not less than Rupees one thousand per square metre, as the Collector or the S ettlement Officer or the Assistant Sett lement Officer or such other Officer may, subject to the rules made by the Gover nment in this behalf, direct. (2) If a ny land held has been diverted for a ny other purpose in contravention of an order passed or a condition imposed under any of the foregoing sections, the Collector or the Settlement Officer or the Assistant S ettlement Officer or such other Officer as authorized may serve a notice on the person responsible for such contravention, directing him, within a reasonable period to be stated in the notice, to use the land for its original purpose or to observe the condition, and such notice may require such person to remove any str ucture or to fill up any excavation, or to take such other steps as may be requir ed in or der tha t the land may be used for it s original purpose, or that the condition may be satisfied. T he Collector or the Settlement Officer or the Assistant Settlement Officer or such other Officer as authorized may also impose on such person a penalty not less than Rupees one thousand per square metre for such contravention, a nd a further penalty not less than Rupees one hundred for each day during which such contravention continues. (3) If a ny person, who is served with a notice under sub-section (2) fails to comply within the period stated in the notice for taking specific actions by the competent authority under that sub-section, the competent authorit y may itself take such steps or cause them to be taken including ca ncellation of allotment as pr ovided in clause (e) of sub-section (1) of s ection 33 of this Act. Any cost incurr ed in t he exercise sha ll be r ecovera ble from such person in the same manner as a n arrear of la nd revenue. 2 0 . Relinquishment (1) Subject to any rules that may be made under this Act, a land holder ma y relinquish his right s in resp ect of any land in his possession in favour of Government by giving a notice in writing to- 9 -Ex-218/2013 the Collector of the district or the Settlement Officer or the Assistant Settlement Officer of the district in such form and manner as may be prescribed, not less tha n three months before the close of any year and thereupon, he sha ll cease to be the land holder in respect of that land from the year following t he date of notice. Provided tha t relinquishment of only a pa rt of a holding or of a holding which, or par t of which, is s ubject to an encumbrance or charge, shall not be va lid. (2) If a ny person relinquishes his rights over any land under sub-s ection (1), the way to which lies through other land retained by him, a ny futur e holder of the land relinquished shall be entitled to a right of way through the land retained. CHAPTER IV RIGHTS OVER LAND 21.Classification of Land-holders On a nd from the commencement of this Act, there shall be the following classes of land-holders:- (1) Land Settlement Certifica te holder is a person to whom land has been perma nently settled for agricultural purposes such as, growing pa rticula r crops or for mixed farming, or for non- agricultural purposes such as, construction of a house. (2) Periodic Pa tta holder is a person to whom land has been leased out for a fixed or limited period for specific purpose such as, commercial plantation, horticulture and the like. (3) Pass holder is a person to whom a specific permission is given by the Government only for cons truction of a house, shop, stall inside and outside town area. In places where survey and settlement operation has not been done, the Village Council is given authority to issue such Pass inside a village perimeter a s may be notified by the Government from time to time. (4) Lease holder is a person who is given a lease of specified tenure to occupy certain parcel of land for specific purpose like industr y, educational institution, etc. 22.Accrual of rights of land-holders (1) Every person who, a t the commencement of this Act, holds any la nd from the Government for agricultural purposes or non-agricultural purposes as a Land Settlement Certificate holder including his successor or successors-in-interest sha ll be deemed to be the owner thereof on and from such commencement. Provided tha t in the case of more than one claim for ownership over one and the same plot or par cel of land, and all the related Land Settlement Certificates having been found valid and duly acted upon, subject to the decree of a competent Civil Court, if any, the first Certificate- holder, if in actua l and construct ive pos session of the land, in accordance with the satisfactory fulfillment of the conditions specified in his Land Settlement Certificate, shall become the owner. (2) Every person who, at the commencement of this Act, holds land from the Government for purpose of agriculture as Periodic Patta holder and for non-agriculture a s Pass Holder or Lease Holder, shall, subject to the proviso to sub-section (1) and provisions of sub-section (1), be entitled to the settlement of that land on fulfillment of such terms and conditions as may be pr escr ibed. (3) No r ights shall accrue under sub-section (1) in respect of any land which (i)forms a part of the bed of a river, a nullah, a water-fall, a stream or a public tank; or (ii) has been acquired by the Government for any public purposes according to the provisions of a ny law in force for the time being relating to acqu isition of land; or (iii) has been in common use at any time during a period of five years immediately preceding the commencement of this Act for any public, community or village purpose; or- 10 - Ex-218/2013 (iv) has been declared by the Government under any la w in for ce as r eserved or required for any public, community or village pu rpose, or as heritage site or area, or has been declared as unsafe or disaster-prone area. (4) Objections to the accrual of any r ights under sub-section (1) ma y be filed by a ny aggrieved person who has interest in the land either in his individual capacity or as a member of the village or communit y, before such revenue author ity within such time a nd in such form and manner as ma y be prescribed. (5) If a ny objection is filed under s ub-section (4), the pr escribed Revenue authority shall inquire into the objection in such manner as may be prescribed, a nd decide the same. (6) Subject to the provisions of t his Act, the decis ion of the pr escribed Revenue Author ity shall be fina l. (7) Nothing in this section sha ll entitle any person to the sub-soil rights in resp ect of the land, of which he ha s become the owner under sub-section (1) or which has been settled with him under sub-section (2). 23.Rights of a Land Settlement Certificate-holder (a ) Every Land S ettlement Certificate-holder shall ha ve a permanent, heritable and transfer able right, title, interest and peaceful possession in his land subject to:- (i) the provisions of this Act and the Rules made there under; (ii) payment of all land revenues, ta xes, cesses at the rates fixed by the Government from time to time which are legally assessed or impos ed in respect of the land as required under this Act or under any other law for the time being in force; and (b) Nothing in sub-section (a) shall entitle a Land Settlement Certificate-holder to use his land to the detriment of any adjoining land or in contravention of the provisions of any other law for the time being in force applicable to such land. 24.Status of a Periodic Patta-holder Every person belonging to any of the following classes shall be called a Periodic Patta holder or a temporary licensed cultivator and shall have all the rights a nd be subject to all the liabilities conferred or imposed upon the periodic patta-holder by or under this Act, namely - (1) Every person who, at the commencement of this Act, holds any land from the Government under a valid periodic patta granted by the competent a uthorit y, and his successor-in-interest. (2) Every person who a cquires the rights of a periodic patta holder under or in accordance with the provisions of this Act and such rules as may be ma de in this behalf. 25.Rights of a Periodic Patta-holder A Periodic P atta-holder shall have a temporary r ight, title, interest and possession in the land held by him for such period and under such terms and conditions as the Government may specify in the periodic pa tta and shall have no right of transfer of ownership or inheritance of the land beyond the period as ar e specified in his periodic pa tta. Provided that where no period is fixed in the existing periodic patta the validity of such patta shall, unless renewed, be deemed to expire after five years from the date of commencement of this Act. 26.Status of a Pass-holder Every person belonging to any of the following classes shall be called a Pass-holder and sha ll have all the rights a s specified in the pass and shall be subject to all the lia bilities conferred or imposed upon him by or under this Act, namely:- (a ) ever y person who, a t the commencement of the Act, holds any non-agricultural land from the Government under a va lid Pass gr anted by the competent authority, and his successor-in- interest; and (b) ever y person who acquires the right of a Pass-holder under or in accordance with the provisions of this Act and the rules made thereunder.- 11 -Ex-218/2013 27.Rights of a Pass-holder A Pa ss-holder shall have no right in the land held by him beyond the rights of use and occupancy for such period and under such terms a nd conditions a s may be specified in the Pass and shall have no right of tr ansfer, inherit ance, or of sub-letting beyond the period so specified. Provided that where no period has been specified in the existing Pass, the validity of such Pass shall, unless renewed, be deemed to have continued as a valid Pa ss for a period not exceeding five year s from the date of commencement of this Act. 28.Rights of Lease holder Every person or an agent to whom land has been let out by the State Government for use in any special pur poses as an agent of t he Gover nment, the person or an agent shall be called a Lease holder in r espect of such land a nd shall, notwithstanding anything to the contrary contained in this Act, be entitled to hold the same in accor dance with the terms a nd conditions of the lease. 29.Ejectment of persons occupying land without right or title A person ta king or retaining or occupying any land, otherwise than in accor dance with the provisions of the law for the time being in force s hall be liable to be evicted by such Revenue author ity in such manner as may be prescribed and shall a lso be liable to pay a fine as may be fixed by the competent authority. 30.Limitation on mortgage of land by land-holders Notwithstanding anything contained in this Act, a land-holder in respect of any agr icultur al land and non-agricultural land may mortgage his holding or part thereof in such circu mstances as ma y be prescribed, as a security for any loan taken or to be taken from the State Government, a Co-opera tive Society, a bank or such ot her financial institution as may be notified in the Official Gazette by the State Gover nment. In the event of his making default in the repayment of such loan in accordance with its terms, it shall be lawful for the lender, as the case may be, to cause his interest in the land to be a ttached and sold and the proceeds a pplied in payment of s uch loa n as pr escribed by la w in force. Provided that any mortgage by a Periodic Patta-holder or a Pa ss-holder or L ease Holder of his holding or a ny shar e thereof without prior permission in writing from the State Government or such Revenue authority shall be void. 31.Land left uncultivated or undeveloped Wher e the Collector or Competent Author ity is satisfied that any land other than land for house site has remained not used or being kept uncultivated or undeveloped, penalty will be imposed at the rate as prescribed in the rules under this Act. A continued default or refusal to remit the prescribed tax shall be followed by a pr ocess for cancellation of la nd allotment a s provided in clause (g) of sub- section (1) of section 33 shall be initiated by Competent Authority after observing proper procedure. 32.Issue of Land Settlement Certificate The Controller of Land Records, a s may be prescr ibed, may grant a certificate in resp ect of each parcel of land to a land-holder certifying the nature of his title, the annual land revenue or tax paya ble, the location, area, survey number, plot (plan) number, terms and conditions of his holding and such other particulars as may be prescribed in the rules under this Act. Provided that no L and Settlement Certificate shall be granted to a person who does not fulfill the conditions as prescribed under sub-s ection (16) and sub-s ection (45) of Section 2 of this Act and unless prior permission of the Government in the manner of speaking order is obtained. 33.Cancellation of allotment or rights over land (1) Notwithstanding anything to the contrary contained in sections 22 to 28 of this Act, the Collector or the Settlement Officer or the Assistant Settlement Officer or any other Revenue Authority- 12 - Ex-218/2013 may cancel an allotment of land or the rights conferr ed on the land holder for a ny of the following grounds :- (a ) non-payment of land revenue, taxes, cesses and rates assessed or impos ed under any law for the time being in force in respect of t he land, or (b) that the certifica te, etc was ob tained by means of a nymalafide misrepresentation of fact s, essential to justify the grant thereof, or (c ) that the certificate, etc was obtained with deceit or illegally or fraudulently by anymalafide concealment of material fa cts from the Revenue Officer and his subordinates or officials of R evenue Department or pr ivate individual, or (d) that a decr ee or order passed by a competent court in a suit or other proceedings, with resp ect to the holding for which a certificate etc. was granted, show that the holder was not entitled to such cer tificate etc. , or ( e) that the la nd has been used for any other purpose tha n the original one for which the land was allotted without written permission of t he Government or any other revenue authority as prescribed, or (f) that the land has been acquired by the Government for any purpose according to the provisions of any law in force for the time being relating to acquisition of the land in public interest, or (g) that the land allot ted for purposes other than house sit e is left undeveloped or recla imed within three years from the date of allotment, or (h) violation of any of the terms and conditions of any agreement or undertaking into which the land holder ha s entered with the Government, or (i) any Pass or Certificate obtained without approval of appropr iate authority, or (j) notice or application for cancellation or relinquishment has been submitted by the land- holder, or (k) there is sufficient reason to believe that the use of land is against public healt h or public safety or general public good. Explanation: Any land allotment or settlement sought or obtained in a benami tra nsaction is deemed to bemalafidemisrepresentation of facts. (2) No certifica te shall be cancelled unless the holder or the person having interest therein is given reasonable opportunity of showing cause against such ca ncellation. (3) No compensation sha ll be payable by the Government on account of such cancella tion of any allotment or right over land under this Act. However, if the allottee has put up any constructions on the land, he shall be allowed a reasonable opportunity to remove the same. CHAPTER - V SETTLEMENT OF LAND FOR HOUSE SITE IN URBAN / NOTIFIED TOWN AREA 34.Land in Urban and Notified Town Areas not to be settled for agricultural purposes In the area declared by the Government as “town areas”, no land shall be allotted or settled for agricultural purposes. 35.Master Plan (1) Master Plan shall be drawn up keeping in view the provisions of the Mizora m Urban and Regional Development Act (MURDA), 1990 for any a rea declar ed by the Government as town. The Master Plan shall indicate the existing roads, drains, and other ar eas used for public purposes, Government buildings and area or areas already given to individuals for construction- 13 -Ex-218/2013 of houses or for any other purposes, and also Government land, earmarked for roads, drains, and other public requirements in the area where survey and settlement has not been carried out. (2) Deta iled pla ns shall be prepared keeping in view of the provisions of the Mizor am Urban and Regional Development Act, 1990 indicating the areas reserved for public purposes or Government purposes and detailed plot ting shall be done for the land to be allotted for house sites, etc. (3) The Master Plan or the Urban or Regional Plan under sub-section (1) or (2), shall become effective after approval of the Government or any other competent authority delegated with such power by the Government, and any cha nge or alteration shall also be approved by such competent authority. (4) When the Master Plan or Urban or Regional plans are made under Mizoram Urban and Regional Development Act, 1990 or the Aizawl Development Authority Act, 2005, or the Mizoram Municipalities Act, 2007 as the case may be, and the Rules made thereunder, no other separate Master Plan or Urban or Regional Plan is necessary. 36.Allotment of House-sites in Urban and notified Town area (1) Allotment of house-sites and other plot s in the areas declared by the Gover nment a s urban and town areas shall be made keeping in view of the provisions a s conta ined in the Mizoram Urban and Regional Development Act, 1990 or in the Aizawl Development Authority Act, 2005 or in the Mizoram Municipalities Act, 2007 as the case may be. Provided that the land document s hall contain clear geographical description (inclu ding macr o and micro mapping), distinguishable boundary description accompanied by boundary pillars and accurate measurement of the area duly recor ded. (2) The area of house site per family to be allotted will not exceed 1337.80 square metre or 1 bigha. (3) When a plot of land is allotted to a person, in order to obt ain Land Settlement C ertificate for the plot , a house shall be cons tructed within a period of 10 (ten) years. (4) The allotment of the House Site will also be subject to the restriction that the said la nd will not be sold or a lienated within ten years from the da te of a llotment even if it is converted into Land Sett lement Certific ate. T he allotment s ha ll be deemed to be a utomatically cancelled if sale or alienation is made within this period. T he land shall be reverted back to the Government. Provided that in case the land is a subject matter of acquisition proceedings under The Land Acquisition Act, 1894 (as ada pted by the Government of Mizoram), the prescribed period of t en year s may be relaxed. CHAPTER – VI ALLOTMENT OF LAND IN RURAL AREA 37.Village Master Plan (1) For a village which has not been declared by the Government as “ Town”, the Revenue Officer of t he area shall, with the help of villa ge council, prepare a Master P lan keeping in view of the provisions of the Mizoram Urban a nd Regional Development Act, 1990 as amended from time to time. The Master Plan shall clearly indicate zones, such as, village perimeter, village sa fety reserve, public utilities or amenities, agriculture, mixed fa rming area to be used for limited lease or Periodic P atta and other purposes as ma y be considered necessary. (2) The Master Plan sha ll be made on the basis of a sketch map dra wn up for the village if a settlement operation has been done for the village and the plan shall be drawn up on that ba sis only. (3) The Master Plan and any change or altera tion therein shall require a pproval of the Government. 38.Village Site Plan A Village Site plan shall be prepa red for proper utilization and regulation of house-sites in the village. Such plan shall indicate spatial features, such as, road, drains and other land for public and Government- 14 - Ex-218/2013 areas. The Plan sha ll also earmar k land for future development, such as, roa ds, drains and land earmarked for future public and government facilities. The ar ea to be given for house sit es shall be clearly indicated by way of survey number and plot numbers on the ba sis of t he survey. If such marking is not already done, provisional plot numbers sha ll be given. 39.Allotment of House-Sites (1) In the village where site plan have been done, house sites ma y be allotted by the Villa ge Council by giving a House Pass. The area of House Pass per family to be allotted by the Village Council will not exceed 1337.80 sq. metre or 1 bigha. (2) In a n area wher e settlement opera tion ha s been done, t he comp etent Revenue Officer may, with prior sanction of the Government, a llot house-sit es by giving a House Pass having an area not exceeding 1337 square metre per family. Provided that the land document s hall contain clear geographical description (inclu ding macr o and micro mapping), distinguishable boundary description accompanied by boundary pillars and accurate measurement of the area duly recor ded. 40.Allotment of House-sites to be Regulated Allotment of house-sites by a Village Council or by the Revenue Officer concerned shall be done in a pr escrib ed manner. 41.Land for Permanent Cultivation The government may allot land for agricultural and allied purposes subject to the following conditions:- (1) The land earmarked for permanent cultivation is to be allotted under Periodic Patta and which covers at least ½ (half) of the total land under the jurisdiction of the village concerned and shall include the area already used for permanent cultivation, such as, wet rice cultivation, mixed farming and land already allotted under Periodic Pa tta. (2) Under specia l circumtances the maximum area of land that can be a llotted for permanent cultivation is not to exceed 60 bighas or 80,268 square metre per family or per juristic person domiciled in the State for which there shall be speaking orders of the Government ha ving regard to the existence of special r equirements. Provided that if the land earmarked for a perma nent cu ltivation a Periodic P atta is not likely to b e required within a year, the competent Revenue Officer may, on the request of the Village Council, allow the land to be used for special purpose or other seasona l farming or cultivation for one year. 42.Allotment of Earmarked Land Allotment of the earmarked land shall be made by the Revenue Officer concerned in a prescr ibed manner and a Pass shall be issued for the purpose conta ining conditions after obtaining prior appr oval of the Government. 43.Revenue Officers to issue Periodic Patta For allotment of land for agriculture and allied purposes, Revenue Officer may issue a Periodic Patta with prior a pproval of the Government for reclama tion or prepar ation or development of land. Such Periodic Pa tta sha ll be valid only for initial 5 (five) years. After a period of 5 (five) years, if the land has not been recla imed or prepared or developed, the Periodic Patta shall la pse automatica lly. Provided that the land document shall contain clear geographical description (macr o and micro mapping) and distinguishable boundary description accompanied by boundary pillars a nd accurate measurement of the area duly recor ded.- 15 -Ex-218/2013 44.Issue of Land Settlement Certificatefor Agricultural purposes In case of P eriodic Patta a s mentioned in section 43, Revenue Officer or any officer a uthorized by the Government may issue Land Settlement Certificate exactly to the ar ea covered in t he Periodic Patta provided tha t the land has been r eclaimed or developed for the intended purpose. 45.Grant of Land Lease If the land under lease has been pr operly developed for industrial or commercial use or for commercial plantation and for such other pur poses a s descr ibed in section 14 of this Act for which limited lease is suitable, the Revenue Officer concerned shall issue a lease in the prescribed manner. The terms of lease shall be determined according to the act ual requirement and on the ba sis of the recommendation of the Site Allotment Advisory Board or the Public Investment Board wherever it is necessary. If the time required cannot be ascertained, a period or tenure shall be decided by the Government. 46.Terms of Lease (1) The State Government shall specify the term of lease granted to a lease-holder not exceeding ninety-nine years a nd not s horter than one year as may be prescribed. (2) On expiry of the term of lease the Government or the competent authority, a s the case may be, may grant or refuse renewal of the lease a nd no notice of non-renewal ma y be required to be given if such renewal is to be refused. (3) Failure to seek renewal of lease a fter expiry of the tenure, the land lease shall automatically be deemed to be terminated. Even payment of land r evenue shall not entit le extension of the lea s e period. CHAPTER – VII ASSESSMENT AND COLLECTION OF LAND REVENUE, TAXES, FEES, etc. 47.Liability to payment of Land Revenue, Taxes, Fees All land, for whatsoever a llotted, are liable to payment of la nd revenue and any other taxes or fees to the State Government a ccording to t he provisions of this Act and t he rules made under this Act except as may be wholly or partly exempted by means of any special gra nt or by contra ct with the Government or the rules ma de under this Act. 48.Assessment of Land Revenue, Taxes, Fees Assessment of land revenue, taxes and fees shall be done in the manner as pr ovided in the r ules made under this Act. 49.Responsibility for payment of Land Revenue and Taxes (1) Every land-holder, to whom the land is allotted, shall be lia ble for payment of la nd revenue, taxes and fees as may be fixed by the Government. (2) Wher e there are two or more persons lia ble to pay land revenue under sub-s ection (1), all of them shall be jointly and severally liable for such payment. 50.Premium (1) The Government may levy a premium on account of a llotment of land for agricultural and non- agricultural purposes. (2) The rates of premium and the mode of payment shall be determined by the Government from time to time.- 16 - Ex-218/2013 51.Taxing authorities (1) For carrying out the purposes of this Act , the Government may designate the Deputy Commissioner of the district or a ny other officer to be the Collector who shall be assisted by any officer subordinate to him. (2) Officer appointed under sub-section (I) shall, within the limits of s uch area as the Government may by notification specify, exercise such powers and perform such duties a s may be delegated by the Collector or Settlement Officer or Assistant Settlement Officer subject to such conditions as may be pr escribed by the Government. 52.Collection of Land Revenue, Fees, Taxes (1) In order to carry out the purposes of this Act, the Government may appoint any person or group of persons or officer as an agent t o be responsible for levy and collect ion of land revenue and taxes as per provision of rules made under this Act or as may be prescribed by the Government from time to time. (2) Upon such appointment, it shall be the duty of such collecting agents to carry out such functions under this Act in the manner prescribed and to submit full and complete account of land revenue and taxes collected by him to the Deputy Commissioner of the district or Settlement Officer or his subor dinate officer assigned by the Government. (3) Any officer or agency authorized by the Government in this behalf shall have for the pur pose of levy and collect ion of land revenue and taxes, such p owers as may be prescribed. (4) It shall be lawful for the Collector or Settlement Officer or officer duly a uthorized by him to have access to, and to ca use production and exa mination of receipt books, r egisters, accounts or docu ments maintained or required to be mainta ined by the collecting agent as may be pres cribed b y the Gover nment from t ime to t ime. 53.Payment of Land Revenue, Taxes, Fees (1) Land revenue and taxes, etc. shall be payable at such time, in such installments, to such persons, and at such places, as may be prescribed. (2) Any payment of land revenue to the person mentioned in sub-section (1) may be made in such manner as ma y be prescribed. (3) The Revenue officer or the collecting agent shall issue receipt at the time when payment of la nd revenu e etc has been received. (4) Any person or officer contr avening the provisions of sub-section (3), after summary enquiry by the Collector or Settlement Officer or Assistant Settlement Officer, shall be liable to pay fine up to such amount not exceeding three times the amount received for which a receipt was not issued. 54.Power to suspend, enhance, reduce or abolish any existing rate of taxes, fees The Government may, at any time and for sufficient reasons, change existing rates of taxes and fees in such a manner or to such an extent a s the Government may deem it necessary. 55.Arrear of Land Revenue (1) Any installment of land revenue or part thereof which is not paid on the due date shall become an arrear of la nd r evenue, taxes or fees and the person responsible for the payment sha ll become a default er. (2) A statement of account cer tified by the competent authority shall, for the purpose of this Chapter, be conclusive proof of the existence of the arr ear against the person who is a defaulter; Provided tha t nothing in this sub-section shall prejudice the right of such person to make payment under protest and to question t he correctness of the accounts in separate proceedings before the competent authority as may be prescribed.- 17 -Ex-218/2013 56.Recovery of Arrears (1) An a rrear of land revenue shall be recovered as per the procedure as may be pr escribed by this Act and the Rules. (2) Without prejudice to any other pr ovisions of this Act, any amount due to the Government whether by way of cost, penalty or otherwise and any other amount which is or dered to be paid or recovered under this Act , shall be recovered in the same ma nner as an arr ear of land revenue. 57.Recovery of arrears due in any one district by the Collector or Settlement Officer of another district (1) When an a rrear of la nd r evenue or other public demand r ecovera ble as a n a rrear of la nd revenue under section 55 is due in one district, but is to be recovered by sale of the default er ’s property in any other district, the Collector or Settlement Officer or Assistant Settlement Officer of the distr ict in which such arrear of demand ha s become due or any ot her Revenue Officer as may be authorized shall send a statement of accounts certified under sub-section (2 ) of section 55 to the Collect or or the Settlement Officer or Assistant Settlement Officer of the district, by whom the recovery is to be made. (2) On r eceipt of such certified statement it shall b e lawful for the Collector or Settlement Officer or Assistant Settlement Officer of one district to proceed to r ecover the dema nd of the Collector or S ettlement Officer or Assistant Settlement Officer of another district under the provisions of t his Chapter, if the demand had risen in his own distr ict. 58.Notice of demand The form and contents of the notice of demand and the officers by whom such notices shall be issued shall be su ch as may be prescribed. 59.Distraint and sale of moveable property (1) The distraint and sale of the moveable pr operty of a defaulter shall be made by such officers or class of officers, in such manner and in such procedur e, as he thinks fit a nd proper. Reasons are to be r ecorded in writ ing. (2) Nothing in sub-section (1) shall be deemed to a uthorize the distraint or sa le of a ny property which, under the Code of Civil P rocedur e, 1908 (5 of 1 908), is exempt from attachment or sale in execution of a decree or of any article set aside exclusively for religious use. 60.Sale of immovable property (1) In the opinion of the Collector or the Settlement Officer or the Assistant Settlement Officer the processes referred to in sub-section (1) and (2) of section 57 a re not sufficient for the recovery of an arr ear, he may, in addit ion to or instead of a ny of those pr ocesses, cause the land in respect of which such ar rear is due to be atta ched and sold in the manners prescr ibed in this Act. (2) The Collect or or the Settlement Officer or the Assista nt Settlement Officer may also cause the right, title and interest of a defaulter in any other immovable property to be simila rly atta ched and sold. 61.Notice of sale (1) Before effecting sa le of any land or other immova ble property under the provisions of this Chapter, the Collector or the Settlement Officer or the Assistant Settlement Officer shall issue and publish such notices and proclamations, in such form, in such manner a nd containing such particulars, as may be prescribed. (2) A copy of every notice or proclama tion is sued under sub-section (1) sha ll be served on the defaulter.- 18 - Ex-218/2013 62.Sale to be by auction All sales of property, moveable or immova ble, under this Chapter shall be held by public auct ion. 63.Prohibition to bid at auction No officer having a ny duty to perform in connection wit h any such sale and no person employed by or subordinate to such officer shall, either directly or indirectly, bid for or acquire a ny property except on behalf of the Government. 64.Sale of perishables Perishable articles shall be sold by auction with the least poss ible delay and such sale shall be finally concluded by the officer conducting the sale. 65.Sale not to be excessive Every sale of property, moveable or immovable, under the provisions of this Chapter shall, as fa r as may be practicable be proportionate to the amount of a rrear of land revenue to be recover ed together with the interest thereon and the expenses of a ttachment and sale. 66.Deposit by purchaser of immovable property In a ll cases of immovable property, the party who is declared to be the purchaser shall be required to deposit immediately 75 (seventy five) percent of the amount of his bid, and the balance within fifteen days of the date of sale. 67.Failure to make deposit (1) In default of payment of deposit referred to in section 66, the property shall be put up for re- sale and the expenses incu rred in connection with the first sale shall be borne by the defaulting bidder. (2) In default of payment of the bala nce of the bid amount within the period prescribed in section 66, the deposit after defraying therefrom the expenses of the sa le sha ll be forfeited to the Government a nd the property shall be re-sold. (3) Wher e the proceeds of the re-sale are less than the price bid by such defaulting pur chaser, the difference shall a lso be recovera ble from him in the same manner as an arrear of la nd revenue. 68.Setting aside sale Wher e immoveable pr operty has been sold under this Chapter, the defaulter, or any person owning such property or holding an interest, may, at any time within thirty days from the date of sa le or within such further period not exceeding thirty da ys as the Collector or the Settlement Officer or the Assistant Sett lement Officer may for sufficient ca use allow, apply in wr iting to the Collector or the Settlement Officer or the Assistant S ettlement Officer to ha ve the sale set aside on the following grounds:– (1) Some materials of irregularity or mistake or fraud resulting in substantial loss or injury to him is esta blished, or (2) On his depositing in the C ollector ’s office or the Settlement Officer ’s office or the Assistant Settlement Officer ’s office the amount of the ar rear specified in the proclamation of sa le, t he cost of the sale and for payment to the purchaser a sum equal to five percent of the purchase money. 69.Confirmation of sale If on the expiration of 30 days from the date of sale of any immovable property or of further period, if a ny, allowed under section 68, no application has been made for setting aside the sale, or if any such application has been made but rejected, the Collector or the Settlement Officer or the Assistant Settlement Officer shall ma ke an order confirming the sa le unless, for reasons to be r ecorded, the Collector or Competent Authority sets aside the sale notwithstanding that no application has been made.- 19 -Ex-218/2013 70.Refunds (1) The Collect or or the Settlement Officer or the Assistant Settlement Officer s ha ll or der a refund and payment to the purchaser, of:- (a ) the amounts deposited by him under section 68; and (b) the sum equal to 5 percent of the purchase money depos ited under Cla use (2) of section 68, if the sale is not confirmed or set aside. (2) The Collect or or the Settlement Officer or the Assista nt Settlement Officer shall order refund and payment of all the money deposited under Clause (2) of section 68 to the person who made the deposit, if the sale is confir med: Provided that the Collector or the Settlement Officer or the Assistant Settlement Officer may set off the whole or a ny part of such money against any arr ear of land revenue or any other amount recoverable as an arr ear of land revenue, which may be outstanding against the person who made the deposit. 71.Certificate of purchase When a sale is confir med, the Collector or the Settlement Officer or the Ass istant Settlement Officer shall put the person decla red to be the purchaser in p ossession of t he property and shall grant him a certificate in the prescribed for m to the effect that he has purchased the property specified therein; and such cer tificate shall be deemed to be a valid transfer of such property. 72.Application of proceeds of sale The proceeds of the sale of any property under this Cha pter shall be applied in defraying the expenses of the sale which s hall be determined in the pr escribed manner and the balance shall be applied to the payment of the arrears on account of which the sale was held a nd the surplus, if any, shall be paid to the person whose property ha s been sold. 73.Liability of certified purchaser The person who has purcha sed any land a nd to whom a certificate of purchase has b een gra nted shall not be liable for the land revenue in respect of the land for any period prior to the date of the sale. 74.Precautionary measures in certain cases When the cr op of a ny land or any portion of the same is sold, mortga ged or otherwise disposed of, the Collector or the Settlement Officer or the Assistant Settlement Officer may, if he thinks it necessary, prevent its being removed from the land until the dema nd for the cur rent year in r espect of the said land is paid, whether the date fixed for the payment of the same has arr ived or not. 75.Recovery of other public demands The following sums of money may be recovered under this Act in the same manner as arr ear of land revenue, namely: (a ) rent, fees and royalties due to the Government for the use or occupation of land or water or any product of land; (b) all sums fa lling due to the Government under any grant, lease or contract which pr ovides that they shall be recoverable as an arrear of a la nd revenue; (c ) all sums declared by this Act or any other law for the time being in force to be recoverable as an ar rear of land revenue.- 20 - Ex-218/2013 CHAPTER – VIII PROCEDURE OF REVENUE COURTS : APPEALS AND REVISIONS 76.Revenue Officers to be Revenue Courts (1) A Revenue Officer, while exercising power under this Act or any other law for the time being in force, will inquire into or to decide on any question of fact or la w arising out of orders for determination between the Government and any person or between parties to any proceedings, shall be a revenue court. (2) Nothing in this Act shall be deemed to limit or otherwise affect the inherent power of the revenue cour t to ma ke such order, as may be necessary for the ends of justice or to prevent the abuse of the pr ocess of the revenue court. 77.Place of Hearing Any Revenue Officer who is authorized by an or der of the government maye x e r c i s e h i s p o w e r s under this Act at any pla ce within the local limits of his jurisdict ion. Provided that a Sub-Divisional Officer or Sett lement Officer or Ass istant Settlement Officer may inquire into or hear any case only at the headquarters to which he is appointed. 78.Po wer to enter upo n and survey land All Revenue Officers a nd persons act ing under their orders may enter upon and survey any land and dema rcate boundaries and do all other act s necessary for the purpose of discharging their duties under this Act or a ny other law for the time being in force and in so doing, shall ca use no more dama ge than the cir cumstances of the case as may be required. 79.Revenue Tribunal (1) The Government shall, by notifica tion in the official Gazette, constitute a Revenue Tribuna l to be known as “The Mizoram State Revenue Tr ibunal” (hereinafter referred to as the Tribunal) for deciding appeals under this Act. (2) The Tribuna l shall consist of one person, or as may be decided by the Government, to be designated as Chairman or Member, as the case may be, of the Tribuna l and a ppointed by notification to be publis hed in the Official Gazette by the Government. (3) A person sha ll not be qualified for appointment a s the Chairman or Member of the Tribunal, unless he – (a ) has been, or is qua lified to be, a Judge of a High Court; or (b) has held office, either in the Government of India or in a State Gover nment, not lower in rank than that of S ecretar y to the Government of India, or that of Principal S ecretar y or Additional Chief Secretar y to any State Government for a minimum period of two years, as the case may be, having adequate experience in land a nd revenue administration. (4) The Chairman or Member, as the case may be, of the Tribunal shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty- five years, whichever is earlier. (5) The salaries and allowances and the terms and conditions of service of the Chairman or Member shall be as prescribed by rules. Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairma n or the Member shall be var ied to his disadvantage during his term of office. (6) If, for reasons ot her than tempor ary absence, a ny vaca ncy occurs in the office of the Chairman or the Member, then the Government shall appoint another person in accor dance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled.- 21 -Ex-218/2013 (7) A Chairman or Member may, by notice in wr iting under his hand a ddressed to the Government resign from his office. Provided tha t the Chairman or Member shall, unless he is permitted by the Government to r elinquish his office sooner, continue to hold office until t he expiry of three months from the date of receipt of such notice or until a person duly a ppointed as his successor enters upon his office or until the expir y of his term of office, whichever is earlier. (8) A Chairman or Member shall not be removed from his office except by an order by the Government on the ground of proven misbehaviour or incapacity a fter an enquiry made under the provisions of the Commission of Inquir y Act, 1952 (60 of 1952) which stands adapted and applied for the purposes of this Act. (9) No order of the Government appoint ing any person as Chairman or Member shall b e called in question in any manner, and no act or proceeding before the Tribunal s hall be called in question in a ny manner on t he ground merely of a ny defect in the cons titution of the Tribunal. (10) The Government shall provide the Tribuna l with such officers a nd other employees on such conditions of service as may be prescribed by rules. (11) (a ) The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of justice and the spirit of the provisions of the Code, and subject to other provisions of this Act and the rules made thereunder, the Tr ibunal shall have powers to r egulate its own procedure including the place at which it will have its sittings. (b) The Tribunal shall have, for the purpose of discharging its functions under this Act, the same powers as vest ed in a civil court under the Code of Civil Pr ocedure, 1908 (5 of 1908), while disposing of a ny appeal, in r espect of the following matters, namely:- (i) summoning and enforcing the attendance of any person and examining him on oath; (ii) requiring discovery and production of documents; (iii) receiving evidence on affidavits; (iv) issuing commissions for the examination of witnesses or documents; (v) reviewing it s decisions; (vi) dismissing any appeal for default or deciding it ex pa rte; (vii) setting aside any order of dismissal of a ny appeal for default or any order pa ssed by it ex parte; and (viii) any other ma tter as may be prescribed by rules. (c ) Every proceeding before the Tribunal sha ll be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian Penal Code, 1860 (45 of 1860) and the Tribunal shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. (12) The person who preferred an appeal her eina fter ca lled “ ap pellant ”. An a ppellant may either appear in person or author ized one or more legal practitioners and, in the case of a Government depa rtment or a cor porate body, it may authorize in writing any of it s officers or Law Officers to p resent t he case befor e the Tribu na l. (13) If an appeal is preferred to the Tribunal, the appellant shall deposit appeal fee as fixed by the Government from time to time. (14) The Chairma n and/or Member (s) a nd the officers and employees of the Tribunal shall be deemed to b e public serva nts wit hin the meaning of section 2 1 of the India n Penal Code, 1860 (45 of 1860). 80.Power to transfer cases (1) The Tribuna l may t ransfer any ca se or class of cases arising under this Act or any other law for the time being in for ce, from any R evenue Officer to any other Revenue Officer competent to deal with it.- 22 - Ex-218/2013 (2) The Collect or or t he Sett lement Officer or the Settlement Officer or the As sistant Settlement Officer may transfer any case or class of cases arising under this Act or any other law for the time being in force for inquiry or decision from his own file or from the file of any Revenue Officer subordinate to him to the file of any other Revenue Officer subordinate to him and competent to deal with such case or class or ca ses. (3) The Collect or or the Settlement Officer or the Assistant Settlement Officer may withdraw any case or cla ss of cases ar ising u nder this Act or any law for the time being in force, fr om the file of a ny Revenue Officer subordina te to him to his own file and deal with such case or class of cases himself. 81.Power to take evidence, summon persons to give evidence and produce documents (1) Every Revenue Officer not lower in rank than a R evenue Circle Officer, while acting as a Revenue Court, shall have powers to take evidence and to summon any person whose attendance he considers necessary, either as a party or as a witness or to pr oduce any document, for the pur pose of any inquiry which such officer is legally empowered to make, and all per sons so summoned shall be bound to attend either in person or by a n author ized agent as such officer may direct, and to produce such documents as may be required. (2) Summon shall be in writing, signed and sealed by the officer issuing it and shall be in such form and be served in s uch manner as may be prescribed. 82.Enforcement of attendance of witnesses and examination of witnesses If a ny person on whom a summon to attend as witness or to produce any document has been served, fails to comply wit h the summon, the officer by whom the summon has been issued under section 81 may – (a) issue a bailable warrant of arrest; (b) order him to furnish securit y for appearance; or (c) impose upon him a fine not exceeding five thousand rupees. Provided tha t the person so summoned may apply for examination as a witness on commission for justifiable reasons or through video conferencing, as the case ma y be, and in such case, the person may not be liable to any of the measures mentioned above. 83.Hearing in ex-parte (1) If, on the date fixed for hearing a case or proceeding, a Revenue Officer finds that a summon or notice was not served on any pa rty due to the fa ilure of the opposite party to pay the requisite process fees for such service, the case or pr oceeding may be dismissed for default of payment of such pr ocess fees. (2) If a ny party to a case or proceedings before a Revenue Officer does not appear on the date fixed for hearing, the case or proceeding may be heard and deter mined in his absence or may be dismissed for defa ult; Provided tha t where there are more parties than one, and some of them do not appear, the Revenue Officer may permit such case or proceeding to proceed in the same way as if all the parties had appeared, and ma ke such order as he thinks fit. (3) The party against whom any order is passed under sub-section (1) or (2 ) may apply, within thir ty days from the date of such order, to have it set aside on the gr ound that he was prevented by sufficient cause from paying the requisite process fees or from appearing at the hear ing, and the Revenue Officer may, aft er notice to the opposite par ty and after making such inquiry as he considers nec essary, set aside the order pas sed. 84.Adjournment (1) A Revenue Officer may, from time to time for reasons to be recor ded, adjourn the hearing of a ca se or pr oceeding before him.- 23 -Ex-218/2013 (2) The date and place of an a djourned hearing shall be int imated at the time of the adjournment to such of the parties and witnesses as are present. 85.Power to order payment of cost A Revenue Officer may direct the parties to pay the cost incurr ed in any case before him and also apportion the cost among the parties in such manner and to such extent a s he ma y think fit. 86.Use of Force Wher e any order is passed under the provisions of this Act directing any person to deliver possession of land or directing the eviction of any person from land or demolit ion of unauthor ized construct ion, such order shall be executed by the competent authority in such manner as may be prescribed and it shall be lawful for such a uthorit y, in a ccordance with rules to be prescribed, to take such steps and use or cause to be used such force as may be reasonably necessar y for securing complia nce with the or der. 87.Appearance before and applications to Revenue Officers All appeara nces before, a pplications to, and a cts to be done before, any Revenue Officer under this Act or any other law for the time being in for ce may be made or done by the parties themselves or by their author ized agents or by any legal pr actitioner : Provided tha t any such appearance shall, if the Revenue Officer so directs, be made by the party in person. 88.Correction of error or omission Any Revenue Officer by whom an or der was passed in a case or proceeding may, either on his own motion or on the application of a party, correct any er ror or omission not affecting a material par t of the case or proceeding after such notice to the parties as he may consider necessary. 89.First Appellate authority Save as otherwise expressly provided, an appeal shall lie from every or der passed under this Act:- (1) If such an order is passed by an officer subordinate to the Assistant Settlement Officer, the appellant may prefer appeal to the Settlement Officer. (2) If such an order is passed by the Settlement Officer, the appellant may pr efer appeal to the Collector or Director. (3) If such an order is passed by the Collector or the Director, the appellant may prefer appeal to the Revenue Commissioner or Secretary, Revenue Department. 90.Second Appeal (1) A Second appeal sha ll lie a gainst any order passed in first appeal:- If an order is passed under Section 89, the appeal may be preferred appeal to the Tribunal. (2) An order passed by the Tribunal sha ll be final. 91.Limitation of appeals The limitation period for filing:- (a ) in the case of a first appeal, within thir ty days from the date of the order appealed against; and (b) in the case of a second appeal, after the expiry of sixty days from the date of the order appealed against. Provided tha t if there is sufficient or reasonable ground in the delay of preferring appeal, delay may be condoned by the appellate author ity.- 24 - Ex-218/2013 92.Revision The Commissioner or the Director, as the case may be, may either on his own motion or on the application of any party, call for the records of any proceeding before any Revenue Officer subordinate to him for the purpose of satisfying himself as to the legalit y or the propriety of any order passed by such Revenue Officer, and may pass such or der in reference thereto as he thinks fit; Provided that he shall not vary or reverse any order affecting any right between private per sons without having given a notice to the interested parties to appear or to be heard; Provided further that no revision shall lie after the expiry of ninety days from the date of the order proposed to be revised. 93.Rectification of mistake by review With a view to rectifying any mistake apparent from the record, a Revenue Officer referred to in section 7 may amend any order passed under the pr ovisions of this Act, either on his own motion or on the application of any party interest ed subject to the following conditions; (1) No order affecting any question of right between private per sons shall be reviewed except on the applica tion of a party to the proceedings or except after notice to the other pa rty, and no application for review of such or der sha ll be entertained unless it is made within ninety days from the date of the or der. (2) An order which has been a subject or appeal or on revision shall not be reviewed or amended by any officer subordinate to the appellate or revision author ity. P rovided that no order shall be reviewed or amended after expiry of one-hundred eighty days in which the order sought to be a mended was passed. 94.Stay of execution of orders (1) A Revenue officer who has passed any or der, or in his absence, his success or-in-office, may, at a ny time before the exp iry of the period prescribed for appeal, direct the stay of execution of such order for such period as he thinks fit, provided that no appeal has been filed in the meantime. (2) Any authority befor e whom a case is pending in a ppeal or revision may direct the sta y of execution of the order appealed from or under r evision for such period not exceeding 45 days. 95.Process fees Every application, appeal or review or other proceedings under this Act shall be accompanied by a process fees of such amount as per the provisions of the Court Fees (Mizoram Amendment) Act, 1996. 96.Exclusive jurisdiction of Revenue Courts and bar of jurisdiction of Civil Courts (1) Save as otherwise p rovided in this Act, or any other la w for the time being in force, a Revenue Cour t shall have jurisdiction to determine, decide or dispose of any matter which it is, by or under this Act, empowered to determine, decide or dispose of and no Civil Court sha ll exercise jurisdiction as to any of such matters. (2) Subject to the exception hereinafter specified, no civil Court shall exercise jurisdiction as to any of t he following matters, namely :- (a ) claims against the Government relating to any p roperty appurtenant to any office or for any service whatsoever; (b) objections- (i) to the amount or incidence of any assess ment or collection of land revenue under this Act, or (ii) to the mode of assessment or levy or collection or to the principle on which such assessment or levy or collection is fixed or made; or (iii) to the validity or effect of the notification issued under this Act or the Rules made ther eu nder ;- 25 -Ex-218/2013 (c ) claims connected with or arising out of any proceedings for the realisation of land revenue or other demands recoverable as ar rears of land revenue under this Act, or any other law for the time being in force; (d) claims to set aside, on a ccount of irregularit y, mistake, or any other ground, except fraud, sales for arrears of land revenue; ( e) claims against the Government- (i) to be entered in t he revenue survey or settlement records or a ny land records as liable for the revenue or a s holder, occupant, mor tgagee, landlor d or tenant, (ii) to have any entry made in any record of a revenue survey or settlement relating to la nd revenue; or (iii) to have any such entry omitted or amended; (f) distr ibution of land or allotment of land, revenue or partit ion of any land under this Act or any other la w for the time being in force; and (g) claims against the Government – (i) to hold land wholly or pa rtially free from pa yment of land revenue, or (ii) to r eceive payments charged on or payable out of t he land revenue, or (iii) to set aside any cess or r ate paya ble under the provisions of a ny law for the time being in force, or (iv) resp ecting the occupation of waste or vacant land belonging to Government. 97.Savings of certain suits Nothing in section 93 shall be held to prevent the Civil Courts from enterta ining any of the following suits :- (a ) Suit s against the State Government to contest the amount claimed or paid under protest , or recovered a s land revenue on the ground that such amount is in excess of the amount author ized in that behalf by the Government, or that such amount ha d, prior to such claim, payment or recovery, been satisfied in whole or in part, or that the plaintiff or the person whom he represents is not the person liable for such amount; (b) Suits between private parties for the purpose of establishing any private right, in case it is affected by any entry in a ny land record; or (c ) Suit s between priva te parties for possess ion of a ny land being in a whole survey number or sub-division of a survey number or a pa rt thereof. CHAPTER – IX TRANSFER OF OWNERSHIP OF LAND 98.Transfer of ownership of land (1) If a Settlement holder or Periodic Patta holder or Pass holder who is a domicile of the S tate wants to tr ansfer his land partly or wholly to a nother, he sha ll apply using the for m as may be prescribed by the Government from time to time a nd a new certificate or Periodic Patta or Pass will be issued with prior permission of t he competent a uthority. Rates of new recor ding fees , etc a s may b e fixed by the Government from time to time sha ll be paid by the transferee or transferor as the case may be. (2) No land wit hin the area t o which this Act extends, shall be transferred by a tribal to a non-tr ibal or by a non-tribal to another non-tribal or even by any tribal domicile of the State as descr ibed in s ub-section (16) and sub-section (45) of section 2 of this Act to a non-domicile t ribal except with the previous s anction of the Government; Provided that the Government, if satisfied, may, from time to time by notification, prohibit any transfer of land within such a rea or areas as may be specified in the notification and- 26 - Ex-218/2013 thereupon the competent authority shall not sanction any such transfer of land under the provision of this Act, within such ar ea or ar eas. (3) Every notification issued under the proviso to sub-section (2) of this section shall have effect only on the date of its fir st publication in the official gazette of Mizoram; (4) No officer required under any law for the time being in force relating to registration of documents or to the recording of any right in or over land shall register any documents or record any r ight relating to any tr ansfer of land which is contr ary to sub-section (1) and (2) of this section. (5) Any transfer of la nd made in contravention of t he provisions of this section shall be void and shall not be enforceable in any court. Explanation: The expression ‘non-tribal’ shall include Ministry, Unit, Body, Department, Undertaking, Corporation, Company, Society, Authority and the like under the Central Government or any State Government, any registered fir m or society or association or compa ny formed by t he tribals, and any other corporate body even if comprised fully of the tribals and religious institution. 99.Disposal of applications (1) In granting or refusing sa nction under section 98, the Government shall also take into account the following matters according to the circumsta nces of each ca se:- (a ) whether the non-tr ibal holds any other land in the State; (b) whether there is any other tribal willing to take the land on tr ansfer a t the market va lue; (c ) whether the non-tribal seeking to take the land on transfer is carrying on any business, profession or vocation in or near the area and whether for the purposes of such business, profession or voca tion, it is necessar y for him to r eside in the area; (d) interests of the Scheduled Tribes in the area; ( e) whether the land proposed to be transferred is actually required as a place of public religious worship by any community or as burial or crema tion ground; (f) whether the land sought to be tr ansferr ed is for the purpose of implementing a scheme to promote the int erests of the tribals in the field of educa tion, health or industry; (2) Every order granting or refusing sanction shall be in writing and, in the ca se of a ny refusal, shall contain reasons for such refusal. (3) Every application for sanction under this section shall be disposed of by the competent authority as early as possible and not later than six months. (4) If no order is passed by the competent authority on such application within s ix months, it shall be deemed that the sanction has been accor ded. 100.Requirement of registration All valid transfers of la nd shall be compulsorily registered within the State under the provisions of the Indian Registration Act, 1908 as amended from time to time and subject to the provisions of the said Act. 101.Eviction of persons in unauthorized possession or illegal transfer of ownership of land (1) If any person is found in possession of any land otherwise than in accordance with the provisions of this Act, the competent authority may serve a notice upon such person requiring him to show cause why he should not be evicted from the land, and, a fter giving him an opportunit y of being heard, requir e him to vacate the land and t o remove any buildings or fences which may have been erected thereon, within such time as ma y be fixed in this behalf. Provided that annual crops actua lly growing on the land if any, shall be allowed to remain till they a re harvested or reasonable time prescribed by the competent author ity. (2) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may evict such person fr om the land.- 27 -Ex-218/2013 (3) The competent authority, upon such land being vacated, ma y restore the land to the original transferor or his successor-in-interest on refund of the actua l consideration to the transferee or a ny person claiming through him; Provided tha t in ca se the original transferor or his successor-in-interest refuses or fails to refund the actual cons ideration to the transferee or any person claiming through him, the land shall vest in the Government free from all encumbrances. (4) Any person aggrieved by an order passed by the competent authority under sub-section (1 ) or (2) or (3), may, within a period of thir ty days from the date the order is communica ted, pr efer an appeal to the Commissioner of Revenue. 102.Sale of land by Court or other authority No land belonging t o any domicile tribal shall be sold in execution of any decree or order passed by a court or any other authority to any non-domicile tribal or non-tribal except with the previous permission of t he competent author ity. 103.Penalty Any person or persons intentionally disobeying an order or requisition to vacate under section 101 shall be liable to a fine which may extend to Rupees ten thousand, and in case such disobedience is cont inued, to a fur ther fine which may extend to Rupees five t housand for each day during which such breach continues. 104.Cognizance of offence All offences punishable under this Act shall be cognizable and baila ble. 105.Exemptions Nothing cont ained in this Act shall apply to – (1) Any transfer of land as security for any loan gra nted by such ba nking company, non-banking fina ncial institutions, co-operative society or other credit institutions recognized by Reserve Bank of India from time to t ime. Provided tha t a banking company, non-banking financial institution, co-opera tive society or other credit institutions as notified above by the Government shall not tra nsfer a ny such land to a person who is non-tr ibal or non-domicile tribal except with the previous sanction of the competent authority as provided in section 98; (2) letting out on rent of any building standing on land; (3) any transfer of land to or in favour of the Government; (4) any transfer of la nd to, or in favour of – (a) any company, corporation, society (including co-operative society), autonomous body or association, wholly or substantially owned and controlled or managed by the Government and which the Government may, by notification, specify in this behalf; (b) a Municipal Corpora tion or municipality constituted under any law. (c ) any person or member of a Gorkha community domiciled in the S tate of Mizora m as described in Section 2(16). 106.Bar of suit in Civil Courts No suit sha ll be brought in any civil court to set aside or modify a ny order made in resp ect of land revenue assessment, collect ion of land revenue or taxes or impos ition of penalt y on arr ear. 107.Suit, etc., against authority and officers acting in good faith No suit, prosecution or legal proceeding shall lie against any authority or officer for anything done in good faith under this Chapter.- 28 - Ex-218/2013 CHAPTER – X OWNERSHIP OF AN APARTMENT IN A MULTI STOREYED BUILDING 108.Apartment or group housing to be heritable and transferable Each apartment including group housing in a cooperative basis together with the percentage of undivided interest in the common areas and facilities of such apartment shall, for all purposes, constitute heritable and transfer able immovable property within the meaning of any la w for the time being in force, and accordingly, an apartment owner may tra nsfer his apar tment a nd the percentage of undivided interest in the common areas and facilities of such apa rtment by way of sale, mortga ge, lease, gift, exchange or in any other manner whatsoever in the same ma nner, to the sa me extent and subject to the same rights, privileges, obliga tions, liabilit ies, legal proceedings, remedies and to pena lty, forfeiture and punishment as any other immovable property or make a bequeath of the same under the laws applicable to the transfer and success ion of immovable property. 109.Ownership of apartments Each group housing or apa rtment owner shall be entitled to exclusive ownership and possession of his apar tment in accor dance with the Land Set tlement Certif icate (Apartment) executed and regist ered in a ccordance with the provisions of these Act. 110.Common areas and facilities (1) Each group housing or apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage specified in the Land Settlement Certificate (Apartment). Such percentage sha ll be computed by taking as t he basis the ex tent of the plinth a rea ava ilable in the apar tment in relation to the tota l extent of the plint h area available in the building. (2) T he percenta ge of t he undivided interest of each apartment owner in the common areas and facilities, if any, as expressed in the Land S ettlement Certificate (Apartment) shall have a permanent character, and shall not be altered without the consent of all the apartment owners. The percentage of t he undivided interest in such common areas and facilities shall not be sepa rated fr om the apartment to which it appertains, and shall be deemed to be conveyed or encumbered with the apartment whether or not such interest is express ly mentioned in the conveyance or other instrument. (3) Each apartment owner may us e the common ar eas and facilit ies in accordance with the pur pose for which they are intended without hindering or encroaching upon the lawful rights of the other apartment owners. (4) The necessary works of maintenance, repairs and replacement of the common areas and fa cilities a nd the limit ed common areas and fa cilities a nd the making of a ny additions or impr ovements thereto shall be ca rried out only in accordance with the provisions of this Act and the bye-laws. 111.Certain works prohibited No a partment owner shall do any work or put the apartment to any other use which would jeopar dize the soundness or safety of the property, reduce the value thereof nor shall any a partment owner add any materia l structure or excavate any a dditional basement or cellar without previously obtaining the unanimous consent of all the other apartment owners. 112.Contents of Land Settlement Certificate (Apartment and group housing) The Land Settlement Certificate (Apartment) shall contain the following pa rticulars:- (1) Description of the land on which the bu ilding and improvements are located (including survey number, plot number etc.); and whether the land is freehold or leasehold and if leasehold, the period of such lease.- 29 -Ex-218/2013 (2) Description of the building stating the number of storey and basements, the number of apartments and the principal materials to which it is or is to be constructed. (3) The apartment number of each and a statement of its location, approximate plinth a rea, number of rooms and immediate common area to which it has access, and any other particulars necessary for its pr oper identification. (4) Description of the common areas and facilities and the percentage of undivided interest appertaining to the apartment in the common areas and facilities. (5) Tota l plinth area of the building of each apartment and its owner along with the area of the land on which the building is located and the proportionate area of the land vis-a-vis the proportionate area of the apartment. (6) Description of the limited common areas a nd facilities, if any, stating to which apar tment t heir use is reser ved. (7) Any other details in connection with the property which the Government may deem desir able to set forth consistent with this Act. 113.Record-of-rights of multi-storeyed building (1) Subject to t he provisions of the Mizoram Land Sur vey and Settlement Operation Act, 2003 (4 of 2003) as amended from time to t ime and such rules as may be made by t he State Government in this behalf, the Director of Land Records or the Dir ector or the competent author ity, as the case may be, shall give effect to allotment or partition of such multi-storied units or flats or apar tments of multi-storeyed buildings to legal inheritors or tr ansferees of the land or building, as ma y be p rescribed. (2) No transfer of mult i-storeyed unit s or flats or a partments of a ny multi-storied building shall be ma de by way of s ale, excha nge, gift, bequest or mortga ge with possession, without prior permission from the Government or competent author ity. (3) If the inheritors or transferees of such storeyed property have a joint interest in the land, their names shall be entered as co-holders in the recor d-of-rights. 114.Land Settlement Certificate (Apartment) and copy of Floor plan to be registered (1) The Land Settlement Certificate (Apartment) and every endorsement thereon relating to the transfer of the apartment including development right and the Floor Plan of the bu ilding sha ll be registered under Registra tion Act, 1908 (Centr al Act XVI of 1908) a s adapted in the State of Mizoram and for pur pose of the said Act, the said documents shall be deemed to be documents of which registration is compulsory. (2) The floor plan of the multi-storeyed building or group housing shall be registered under building regulations of Municipalities or Local Bodies or any other Authorities under the government. CHAPTER – XI GENERAL AND MISCELLANEOUS 115.Right to inspection of copies of documents, statements and registers All documents, statements and registers maintained under this Act or the rules framed there under shall be open to inspection during such hours and subject to such conditions and payment of fees as may be prescribed. Any person sha ll, on payment of such fees, be entitled to be fur nished with a copy of, or any portion of any such document, statement or register. 116.Costs Subject to t he provisions of this Act, the cost of and incidence to proceedings before any Revenue Officer or the Tribunal shall be at his/its discretion and he/it shall have full powers to determine by whom or for what pr operty and to what ext ent such costs are to be paid and to give all necessary direction for the purposes aforesaid.- 30 - Ex-218/2013 117.Service of notice, orders, etc. Every notice or other docu ment required or authorized to be served under this Act ma y be served either - (a ) by delivering it to the person on whom it is to be served, or (b) by leaving it at the usual or last known place of abode of that person, or (c ) by sending it in a registered letter addr essed to that person a t his usual or last known place of abode, or (d) in case of a corpor ate body by delivering it or sending it in a registered letter addr essed to the Secr etary or other principa l funct ionary of the company or body at its principa l office, or ( e) in such other manner as may be laid down in the Code of Civil Procedure, 1908 (Act V of 1908). 118.Application of the provisions of section 5 of the Indian Limitation Act, 1963 Unless otherwise specially provided in this Act, the provision of section 5 of the Indian Limitation act, 1963 shall apply t o all pr oceedings under this Act. 119.Application of the provisions of the Indian Easements Act, 1882 Save as otherwise provided in this Act, any of the provisions of Indian Easements Act, 1882 (Act V of 1 882) as amended from time to time shall apply to the proceedings under this Act, subject to the manner prescribed by the Government tha t it deems exp edient to apply such provision to such case or situa tion or area. 120.Prohibition against unauthorized dealings with public place or material (1) No person shall, without authority in that behalf, remove earth, sand or other materials or deposit any matter or make any encroachment from, in, or on any land vested in the State Government, or in any way obstruct the same. (2) Any encroachment in the ma nner described in sub-section (1) of this section of p ublic place or public material or public space shall be decided by the Government as per provisions of the Mizoram (Pr evention of Government Land Encroachment) Act, 2001 a s amended from time to t ime. 121.Legal sanctity of computerized land records, maps and documents (1) Subject to such rules as may be made in this behalf, the land records, maps, registers, accounts and other r elevant documents prepared and maint ained by means of computer-aided mar king such as bar code, biometr ic record and photo etc. or other electronic device shall be legally valid document and it shall have the same evidential value as a document prepared and maintained in accor dance with this Act or in any other laws for the time being in force. (2) A set of computerized print-out of such records, duly a uthenticated by the competent author ity, shall be ta ken up for upda ting and for issue of original or certified copies through computer. Such computerized r ecord-of-right, duly a uthenticated by the competent authority, shall be presumed to be cor rect, and on a par with the original copy of record-of-rights. 122.Delegation of powers by the state Government The State Government may, by notification in the Official Ga zette, delegate any of its powers to be exer cised under this Act to any authority subordinate to it subject to such reservations as ma y be specified in the notification. 123.Protection of action taken under this Act (1) No suit, prosecution or legal proceedings shall lie against any person for anything done or intended to be done in good faith in pur suance of this Act or any rules made thereunder.- 31 -Ex-218/2013 (2) No suit or other legal proceedings shall lie against the State Government for any damage caused or likely to be caused or for any injury suffered or likely to be suffered by virtue of any provisions of this Act or by anything done or intended to be done in good fa ith in pursuance of this Act or any rules made thereunder. 124.Village Council and Local Councils to keep such records as may be prescribed The Government may prescribe from time to time what land recor ds, maps, registers, a ccounts and other records shall be kept by the Village Councils and the Local Councils. 125.General provisions as to penalties Whoever cont ravenes any provision of this Act for which no penalty has been otherwise provided for therein sha ll be punishable with fine which may extend to five thousand rupees or imprisonment which may extend up to s ix months or both. 126.Powers of Officers dealing with proceedings under this Act Subject to the provisions of this Act and rules made thereunder, any officer while dealing with proceedings under this Act shall exercise the powers of a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908) for the purpose of- (a ) Summoning and enforcing the attendance of any person and examining him on oath as a witness; (b) requiring t he discovery a nd production of any document or record; (c ) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any office; ( e) issuing commission for the examination of witness or documents; (f) enforcing of execution orders including a n order for restoration of possession as if such or ders were decrees of a civil court; (g) rema nding any case or proceedings to the officer from whose decr ee the a ppeal is prefer red, and while such officer sha ll record the substance of the evidence, if any, ta ken by him. 127.Act to override other Laws Save and except the provisions of any ot her law to which the provisions of this Act have been subject to, the latter shall have overriding effect over the pr ovisions contained in any other law of the S tate for the time being in for ce or in any custom or usage or in any contract, express or implied, or any instrument having effect by virtue of any such Sta te law other than this Act; Provided that in case more than one law have been given the over riding effect and are in conflict, then latest law shall have the overriding effect. 128.Power to remove difficulties If a ny difficulty arises in giving effect to the provisions of this Act, the state Government may, as occa sion may requir e, by notification in the official Ga zette, take any action not inconsistent with the provisions of this Act, which appears necessary or expedient for the purpose of removing the difficulty. 129.Power of the State Government to give directions The State Government may give such directions, not inconsistent wit h the provisions of this Act , to any Collect or, Revenue Officer or any other competent author ity under this Act as may appear to the Government to be necessary for the purpose of car rying out the provisions of this Act or the rule ma de ther eu nder. 130.Transitory provisions Any case instituted or pending in a civil court immediately before coming into force of this Act, which would under this Act, shall be exclusively liable to be tried by a Revenue Court, and shall be disposed of b y such civil court according to the law in force prior to the commencement of this Act.- 32 - Ex-218/2013 131.Repeal and Savings (1) On and from the date of commencement of this Act, the following enactments with all amendments thereof as in force in the State sha ll stand repealed, namely- (a ) The Assam Land and Revenue Regula tion, 1886 (Assam Act No. 1 of 1886) as extended to Mizoram and as ada pted. (b) The Lushai Hills District (House Site) Act, 1953 as adapted. (c ) The Lushai Hills District (Jhumming) Regulation 1954 as adapted. (d) The Mizo District (Land and Revenue) Act , 1956 as adapted. ( e) The Mizo District (Agricultural La nd) Act , 1963, as adapted. (f) The Mizo District (Transfer of La nd) Act , 1963 as adapted. (g) The Mizoram Land Holding and Settlement Act, 2000 (Mizoram Act no. 1 of 2001). (h) The Mizoram (Taxes on Land, Building and Assess ment of Revenue) Act 2004. (2) The repeal of any enactment or pa rt thereof by sub-section (1) shall not affect – (a ) The previous opera tion of such enactment or anything duly done or suffered thereunder. (b) Any right, privilege, obligation or lia bility a cquired, accrued or incurred under such enactment. (c) Any penalty, forfeiture or punishment incurred in respect of any offence committed against such enactment. (d) Any investigation, legal proceeding or remedy in respect of a ny such right, privilege, obligation, liability, penalty, forfeiture or punishment arisen or awarded under any of the enactments a s aforesaid, and any such investigation,, legal proceeding or remedy may be instituted or enforced and any such penalty, forfeit ure or punishment may be imposed, as if any such enactment or part thereof had not been repea led. (3) Subject to the provisions contained in sub-section (2), any appointment, rule, order, notification, or proclama tion made or issued, a ny lease, permission, rent, r ight or liability granted, fixed, acqu ired or incurr ed and any other thing done or action taken under any of the enactments or parts thereof repea led under sub-section (1) sha ll, in so far a s it is not inconsistent with the provisions of this Act, be deemed to have been made, issued, gr anted, fixed, acquired, incur red, done or taken under this Act and shall continue to be in force until s uperseded by anything done or a ny action taken under this Act. (4) Any custom or usage prevailing on the date of commencement of this Act a nd having the force of law shall, if such custom or usage is repugna nt to or inconsistent with any provision of this Act, cease to be operative to the extent of such r epugnancy or inconsistency. 132.Power to make rules (1) The State Government may, by notification in the official Gazette, make rules for the pur pose of carrying out the provisions of this Act. (3) Every rules made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly of Mizoram while it is in sess ion for a total period of not less than four teen days which ma y be compr ised in one session or two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Assembly ma kes any modification in the r ules or decides that the rules shall not be made, then the rules and regulations or notifications if any, made shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modifica tion or a nnulment shall be without prejudice to the validit y of anything previously done under such rules and regulations or notifications, if any. Secretary, Law & Judicia l Department, Govt. of Mizoram. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500- 33 -Ex-218/2013The Mizoram Entertainment Tax Act, 2013 (Act No. 4 of 2013).
NOTIFICATION No. H. 12018/83/2013-LJD, the 30th April, 2013. The following Act of the Mizoram Legislative Assembly, which received the assent of the Governor of Mizoram is hereby published for general information. The Mizoram Entertainment Tax Act, 2013 (Act No. 4 of 2013). { Received the assent of t he Governor of Mizora m on the 17th March, 2013} AN ACT to mobilize additional resources for the public revenue of the State of Mizoram and for the purpose of levying and collect ion of tax on entertainments and other amusements. WHEREAS it is considered necessary to make an addition to the public revenue of Mizoram and for that purpose to impos e a tax on entertainments and other amusements. It is enact ed by t he Legislature of the State of Mizor am in the Sixty-Fourth Year of the Republic of India , as follows:- PRELIMINARY 1 . Short title, extent and commencement: (1) This Act ma y be ca lled the Mizor am Entertainment Tax Act, 2013. (2) It shall extend to the whole of the State of Mizoram. (3) It shall come into force fr om the date of their publication in t he Mizoram Gazette. 2 . Definitions: –In this Act, unless there is anything repu gnant in the subject or context, – ( a ) “Admission”includes admission a s a spectator or as one of an audience, and admission for the purpose of amusement by taking part in an entertainment; ( b ) “Admission to an entertainment” admis sion t o any place in which the enterta inment is being held or is to be held and where television exhibit ion is being pr ovided with the aid of any type of antenna with a cable network attached to it or cable television in r esidential or non- residential areas for which persons are r equired to make payment by way of contribution orThe Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 2.5.2013 Vaisakha 12, S.E. 1935, Issue No. 217RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page - 2 - Ex-217/2013 subscription or installation and connection charges or any other charges collected in any manner, whatsoever. ( c ) “Agriculture” includes horticulture and livestock breeding; ( d ) “Antenna” means an a pparatus which receives television signals which enables viewers to tune into transmissions including nationa l or international satellite transmissions a nd which is erected or installed for exhibition of films or moving pictures or series of pictures by means of transmission of television signals by wir e where subscr iber ’s television sets at the residential or non-residential place are linked by metallic coaxial cable or optic-fibre to a central system called the head-end, or a tuner or a simila r device which enables Dir ect To Home [DTH] transmission of television signa l on pa yment by the connection holder of a ny cont ribution or subscription or installation and connection charges or any other charges collected in any manner, whatsoever; ( e ) “Cable service” means the transmission by cables of pr ogramme including retransmission by cable of any br oadcast television signal; ( f ) “Cable Television” means a system organised on payment by connection holder of any contribution or subscription or installation and connection charges or any other charges collected in a ny manner whatsoever, for exhibition of films or moving pictures or series of pictures by means of tr ansmission of television signals by wire where subscriber ’s television set is linked by metallic coaxial cable or optic-fibre cable to a central sys tem called the head-end, by using a video cassette or disc or both, recor der or player or similar such appar atus on which pre- recorded video cassette or disc or both are played or r eplayed and the films or moving pictures or series of pictur es which are viewed and heard on the television receiving s et at a residential or non-residential place of a connection holder; ( g ) “Cable Television network” means any system consisting of a set of closed transmission paths and a ssociated signa l gener ation, control and distribution equipment designed to provide cable service for r eception by multiple s ubscrib ers; ( h ) “Casual Show” mea ns and includes any exhibition, performance, amusement, game, sport, music, cult ural a nd dramatic performa nce or any other entertainment of occasional na ture performed or held for a continuous period not exceeding seven days with or without break and to which persons a re admitted for payment; ( i ) “Commissioner” mea ns the Commissioner of Taxes appoint ed under Section 3 or the officer empowered thereunder to discharge the fu nctions of such author ity; (j ) “Direct To Home (DTH) Service” Direct To Home Service [DTH] means a service for multi-channel distribution of programme direct to subscribers’ premises by up-linking to a satellite system. ( k ) “Entertainment” mea ns and includes any exhibition, performance, amusement, game, sport, cinematogra ph show or video show to which persons are ordinar ily admitted on payment or moving pict ures or series of pictures which ar e viewed and heard on the television receiving set, with t he aid of any t ype of antenna with a cable network attached to it or cable networ k or Direct To Home [DT H] service for which persons are required to make payment by way of contribution or subscription or installation and connection charges or any other charges collected in any manner whatsoever; ( l ) “Live-stock” means and includes anima ls of every description; ( m ) “Payment for admission” means and includes – (i)any payment made by a person who having been admitted to one part of a place of entertainment is subsequently admitted to another part thereof, for a dmission to which a payment involving a tax or a higher rate of tax is required; (ii) any payment for seats or other accommoda tion in a place of ent ertainment; (iii) any payment made for the loan or used of a ny instr ument or contrivance which ena bles a person to get a normal or better view or hear ing of the entertainment which, without the aid of s uch ins trument or contr ivance, such person would not get; - 3 -Ex-217/2013 (iv) any payment for any purpose whatsoever connected wit h an entertainment which is required to make as a condition of attending or continuing to attend the entertainment in addition to the payment, if any, for admission to the entertainment; (v) any payment made by a person by way of contribution or subscr iption or insta llation and connection charges or any other charges collected in any manner whatsoever for television exhibition with the aid of any type of antenna with a cable network attached to it or cable television; ( n ) “Prescribed” means prescribed by rules made under this Act; ( o ) “Proprietor” in relation to any entertainment means t he owner and shall also include mana ger, orga niser a nd any person responsible for, or, for the time being, in charge of the management ther eof; ( p ) “Society” includes a company, institution, club or other association of persons by whatever name called; ( q ) “State Government” means the S tate Government of Mizor am; ( r ) “S ubscriber” means a person who receives the signa ls of ca ble t elevis ion networ k or of direct to home ser vice at any pla ce indicated by him without further transmitting t o any other person. In case of hotels, each r oom or premise where signals of cable television network or of direct to home service are received sha ll be treat ed as a subscriber. ( s ) “Tax”means entert ainment tax levied under this Act; ( t ) “Ticket”means a ticket or a complimentary pass for the purpose of securing admission to an entertainment in accordance with the provisions of this Act. ( u ) “Video cinema” means any place where exhibition of cinematogra ph film or moving pictures or series of pictures in public, organised by playing or replaying of pre-recorded cassette by means of a video ca ssette player or recorder either on the scr een of a television set or video- scop e or otherwise is provided for commercial purpose. ( 3 ) Taxing Authority:– The State Government may for carrying out the purposes of this Act, appoint a person to be Commissioner or empowered, by notification in the official Gazette, any officia l to discharge the functions of such author ity. ( 4 ) Delegation of Commissioner’s power:–Subject to such restrictions and conditions as may be prescribed, the Commissioner may, by notification in the official Gazette, delegate any of his powers u nder this Act to any official and any such officia l shall thereup on exercise the said power. 5 . Tax on payments for admission to entertainment: – (1) Except as otherwise expressly provided in this Act, there sha ll as from the date on which this Act comes int o for ce, be char ged, levied and paid to the Government of Mizoram a ta x, hereinafter referr ed to as the entertainment ta x, on a ll payment for admission to a ny class of entertainment, at t he rates specif ied below: – (a ) In the case of games, sports, music or dramatic performances organised by any person, association, body or society – five per centum of such payment; (b) In t he case of cinematograph exhibition, where the payment for admission is – (i)Rupees ten or less – Nil. (ii) Rupees fifty or less but more than rupees ten – 10 per centum of such payment. (iii) More than rupees fifty – 20 per centum of such payment. (c ) In t he case of Casual show other than those covered by clause (a ), – ten per centum of such payment; (d) In a ny other case – ten per centum of such payment. Provided that there shall not be charged, levied and paid to the State Government any tax where the highest payment for admission does not exceed rupees ten. - 4 - Ex-217/2013 Explanation: – The rate of tax shall be charged and levied on the payment for admission excluding the tax and if the amount of tax so arrived at is not a multiple of one rupee, it shall be rounded to the next higher multiple of one rupee. (2) The Commissioner ma y, on the application of a proprietor of any entertainment in respect of which the entertainments tax is payable under sub-section (1), allow the proprietor on such conditions as it may be pr escribed, to pay the amount of the tax due by means of a consolidated payment of t wenty p er centum of the gross sum received by the pr oprietor on account of such payments for admission to the entertainment a nd on account of the tax. (3) The enterta inments tax, in the case of theatre, cinematograph exhibitions and cir cus and any other class of entertainments which the Commissioner may direct, sha ll be charged, levied and paid with effect fr om the date on which this Act comes into force. (4) Levy of entertainment tax on complimentary passes or tickets: – Entertainments tax shall be char ged, levied and paid on all free or complimentary passes or tickets by whatever name called, issued by the proprietor, exhibitor or organiser of the entertainments in respect of admission without payment to a seat or other accommodation therein. (5) The liability to pa y entertainments tax shall be on the proprietor of the entertainment. (6) The State Government may, by notification in the Official Gazette, vary the rates of tax under this Act and on su ch notification being issued, the r ate of tax sha ll be deemed to have been amended accordingly: Provided that the rate of tax to be specified or varied by the State Government in resp ect of any cla ss of entertainment s hall not exceed fifty per centum of the existing r ate. 6 . Levy of entertainment tax on Cable Television and Direct To Home [DTH] Service:– (1) Notwithstanding anything contained in Section 5, the proprietor of a cable television network providing cable service and of the direct to home (DTH) service shall be liable to pay entertainment tax at the rate of twenty rupees per subscriber per month. (2) Nothing in sub-section (1 ) shall preclude the State Government from notifying different r ates of entertainment tax for household or for the different ca tegories of hot els. 7 . Admission to entertainments:–No person shall be admitted to any entertainment where the payment for admission is s ubject to the entertainment ta x, except – (a) In case of cinematograph exhibition with a ticket stamped with an impressed, embossed, engraved or adhesive stamp (not before use) issued by the State Government for the pur pose of r evenue and denoting that the proper enterta inment tax has been paid; (b) in t he case of cable television and dir ect to home (DTH) service where the entertainment tax shall be due and r ecovera ble fr om the proprietor; (c ) in s pecial case with the approva l of the Commissioner through a barr ier which, or by means of a mechanica l contrivance which, a utomatically registered the number of persons admit ted, unless the proprietor of the entertainment has made arrangements approved by the Commissioner for furnishing returns of the payments for admission to the entertainment and has given secu rity upto a n amount a nd in a ma nner appr oved by the Commis sioner for the pa yment of the entertainment tax; (d) in the case of cinematograph exhibition unless the proprietor of the entertainment has made arra ngements approved by the Commissioner for fur nishing returns of payments for admission to the entertainment and a lso returns of admission to seat or other accommodations without payment or free or complimentary passes or tickets and has given security upto an amount and in a manner approved by the Commissioner for the payment of the entertainment tax. Provided tha t the provisions of this Section shall not a pply to the proprietors and the officer of the Government on duty. - 5 -Ex-217/2013 Provided fur ther that the provision of this Section shall not a pply to a cinematograph exhibition where the proprietor of the cinematograph exhibition has been permitted to pay lump-sum amount in lieu of the amount of tax, as per the proviso t o clause (b) of sub- section (1) of Section 5. 8 . Security:– T he Commissioner or any officer authorized in this behalf b y him for the purpose may for good and sufficient reasons; demand from the propr ietor of an entertainment of a temporary nature, a r easonable secur ity before the enterta inment is held and on such demand being made the proprietor concerned shall furnish t he secur ity. 9 . Penalty for non-payment of tax:– (1) If a ny person is admitted for payment to any pla ce of entertainment and the pr ovisions of Section 8 a re not complied with, the pr oprietor of the entertainment to which such person is admitted shall, on convict ion before a Magistrate, be liable in respect of each such offence to a fine not exceeding one thousand rupees and shall in addition be liable to pay any tax which should have been paid. (2) If a ny propr ietor or service provider of a cable television network or direct to home (DTH) service, as the case may be, fails to pay the entertainment tax as per provision of S ection 6, he shall on conviction before a Magistrate, be liable in r espect of each such offence to a fine not exceeding one and a half t imes of the amount of the ta x due a nd shall in addition be liable to pay any tax which would have been paid. 10. Section 8 and 9 not to apply in certain cases:– The pr ovisions of S ection 8 and 9 shall not apply to any entertainment in respect of which a cons olidated payment is made under sub-section (2) of Section 5. 11 . Returns: – (1) Every propr ietor shall fu rnish a correct and complete return in such form for such period, by such date and to such authority, as may be prescribed: Provided that different periods may be prescribed for differ ent cla sses of entertainment for the purpose of filing return: Provided fur ther that in r espect of an entertainment which is a single event or which is held for a donation less than a week, the proprietor sha ll submit return, as may be prescribed, for thwith upon conclusion of such return. (2) If a ny proprietor having furnished a return under this section discovers a ny omission or any other error in the return so filed, he may, without pr ejudice to the charge of any interest, fur nish revised return in the prescribed manner and within the prescribed time. (3) When the tax payable is required to be paid in accordance with return, every proprietor, before submitting such returns as requir ed by sub-section (1), shall, in the prescribed manner, pay the full amount of tax, interest and any other sum payable by him according to such return or the differentia l tax payable according to the revised return fur nished, if any, and shall fu rnish along with the return or revised retur n, as t he case may be, a receipt showing full payment of such amount into Government account. 12. Assessment: – (1) If the Commissioner or any officer author ized in this behalf by him is satisfied that any return furnished by a proprietor is corr ect and completed and that the tax under the provisions of this Act due thereon is paid in full, such return be a ccepted and assessment shall be deemed to have been made on the basis thereof. - 6 - Ex-217/2013 (2) If any proprietor – (a ) has failed to give information or take permission as required under Section 24 or has furnished incorrect particulars at the time of obtaining permission from the Commissioner or a ny officer authorized in this behalf by him; or (b) ha s fu rnished incomplete or incor rect return in relation to an enterta inment for a ny period; or (c ) has not maintained any records or has fa iled to mainta in records in a ccordance with the provisions of the Act, the Commissioner or any officer authorized in this behalf by him shall, after giving the proprietor a reasonable opportunity of being heard and after making such enquiry as he considers necessary, assess to t he best of his judgement any amount payable under this Act by such proprietor within a period of three years fr om the expiry of the year to which t he period of entertainment relates and may also impose a penalty equal to twice t he difference between the amount of tax so assessed and tax paid, if any. (3) Wher e the Commissioner or any officer a uthorized in this behalf by him is of the opinion that any tax payable under this Act ha s escaped assessment or has been under-assessed or has been assessed at a lower rate. Such authority may proceed to reassess, to the best of his judgement, tax so due within a p eriod of five years from the expiry of the year to which the period of entertainment rela tes. Provided that no order under this sub-section shall be passed without giving the pr oprietor an opportunit y of being heard. 1 3 . Interest: – If a ny proprietor fails to pay the amount of ta x due within the time prescribed for its pa yment, such proprietor shall, in addition to the ta x, be liable to pay simple interest, at the rate of one a nd half per cent, per month on the amount of tax not so paid or on any less amount thereof remaining unpaid during such period, for the period commencing on the day following the day of expiry of t he due date to the date of payment or the date of assessment, whichever is earlier. If any dealer fails to pay interest along with the return or revised return in accordance with the provisions of this sub-section, such interest shall be levied by the Commissioner or any officer author ized in this behalf by him. Explanation – For the purpose of calculating interest: – (a) ‘month’ shall means thirty days; (b) Where the period of defaults is in respect of a period of less than one month, the interest shall be computed proportionately. 1 4 . Manner o f payment:– (1) The proprietor shall be liable to pay the amount of tax payable under this Act, – (a ) In the case of admission by stamped tickets, by means of stamps to be affixed on the tickets in the prescribed manner; or (b) In a ccordance with the returns of the payment for admission to the entertainment and on a ccount of tax; or (c ) In accordance with the resu lt accorded by any mechanica l contrivance or electronic device, which automatically registers the number of persons admitted to the entertainment. (2) Wher e the pa yment for admission to an entertainment is made by means of a lump sum paid as a subscription or contribution to any society, or for a season ticket or for the right of admission to a series of entertainments or to any entertainment du ring a certain period of time, or for any privilege, right, facility or anything combine with the right of admission to any enterta inment, or involving such right of admission without further payment or at a reduced charge the entertainment - 7 -Ex-217/2013 tax shall be paid on the a mount of the lump sum, but where the Commissioner is of opinion that the payment of a lump sum or any payment for ticket r epresents payment for other privileges, rights or purposes besides the admission to an entertainment, or covers admission to an entertainment during any period for which the tax has not been in op eration, the tax shall be char ged on such an amount as appears to the Commissioner to represent the right of admission to t he enter tainments in r espect of which the ent ertainment tax is paya ble. 15. Exemption:– (1) The entertainments tax sha ll not be charged on pa yments for admission t o any entertainment where the Commissioner is satisfied – (a) that the whole of the takings there, after deducting the actual expenses of the entertainment to a maximum of twenty five per cent of the total receipt are devoted to philanthropic, r eligious or charitable purposes; or (b) that the entertainment is of a wholly educational character (any question on that point to be determined in the case of difference by the State Government in Education Department); or (c ) that the entertainment is provided for pa rtly educationa l or par tly scientific purposes by a society, not conducted or established for profit; or (d) that the entertainment is provided by a society which is established solely for the pur pose of promoting the interest of the industry or agriculture, or the manufacturing industry, or some branch thereof, or the public health, and which is not conduct ed for profit, and cons ists solely of an exhibition of the product of the industry, or branch thereof, for promoting the interests of which the society exists or of materials, machinery, appliances, or foodstuff used in the pr oduction of those products, or of articles which are of material interest in connection with the questions relating to t he public health, as the case may be; or (e) that the entertainment is provided by the management of a tea estate for the benefit of esta te’s la bour force for which no charge for admission is made. (2) The Commissioner may, by general or special order, exempt any enterta inment or class of entertainments from liability to the entertainments tax. (3) Notwithstanding anything contained in the Act, the Commissioner may, by genera l or special order and subject to such conditions as may be specified in the order, exempt any class of persons from the liability to the entertainment tax under the Act for a dmission to any entertainment or class of entertainments. 1 6 . Refunds in certain circumstances:– Where the State Government is satisfied that the whole of the net proceeds of an entertainment ar e devoted to philanthr opic, r eligious or charitable purposes, and in calculating the net proceeds not more than twenty five per cent of the gr oss proceeds have been deducted on account of the expenses of the entertainment, they shall repay to the proprietor the amount of t he entertainments tax paid in resp ect of the entertainment. 1 7 . Applicability of the provisions of the Mizoram Value Added Tax Act, 2005: –Subject to the provisions of this Act and the rules made thereunder, sections 38, 49, 52, 65, 67, 68, 69, 70, 80 of the Mizoram Value Added Tax Act, 2005 and the rules made t hereunder, orders, notifications issued thereunder shall mutatis mutandis apply to a proprietor in resp ect of any tax levied and payable under this Act, as if those sections were mutatis mutandis incorporated in this Act a nd the r ules framed and orders a nd notifications issued under those sections so incorpora ted under this Act. 18. Recoveries:– Any sum due on account of tax, interest, penalt y under any provision of this Act shall, without prejudice to any ot her mode of recovery a vailable to the Government under any other law for the time being in force, be recoverable as an arrear of land revenue. 19. Composition of offences:– (1) Subject to s uch conditions as may be prescribed, Commissioner or any officer a uthorized in this behalf by him may, either before or after institution of proceedings of prosecution for any offence punishable under this Act, accept from a ny person charged with such offence under this Act or the rules made there under, by way of composition of offence, in addition to the amount so payable, a sum not exceeding double the amount of tax which would have been paya ble had these pr ovisions been complied with: Provided tha t such authorit y shall not accept any sum by way of composit ion which is less than twenty five per cent of the amount of tax which would have been payable had these provisions been complied with. (2) Wher e such authorit y compounds an offence under this section, the order, – (a ) shall be in writing and specify the offence committed, the su m of money to be paid, the due date for payment, and date by which the proof of such payment is to be produced; (b) shall be ser ved on the person who committed the offence; and (c ) shall be final and not subject to any appeal. (3) On payment of such sum as may be determined under sub-section (1), no further proceedings shall be taken against the person concerned in respect of the same offence. 20. Inspection:– (1) The Commissioner or any other officer authorized in this behalf by him may with such assistance as may be necessary enter, inspect and search any place of entertainment while the entertainment is proceeding, and any pla ce ordinarily used as a place of entertainment or for keeping records connected therewith, at a ny reasonable times with a view to seeing whether the pr ovisions of this Act or any rules made thereunder are being complied with. Explanation – The expression ‘place of entertainment’ in case of a cable service means the place from where the cable television network is operated. (2) If a ny person prevents or obstruct s the entry of any officer so authorised, he shall, in addition to a ny other punishment to which he is lia ble under any law for the time being in force, be liable on conviction before a Ma gistrate, to a fine not exceeding t wo hundred rupees. (3) Every officer authorised under this section sha ll be deemed to be a public servant within the meaning of S ection 21 of the India n Penal Code, 1860 (XLV of 1860). 2 1 . Seizure of Books of Accounts, etc.:– T he Commissioner or a ny officer authorized in this behalf by him may s eize any books of accounts, registers, admission tickets, counterfoil of tickets or any other documents from a ny place of entertainment where the entertainment is proceeding or from any place ordinarily used as a place for entertainment if the officer has r eason t o suspect that the provisions of this Act or any rules made thereunder ar e not complied with a nd reta in the same for so long as may be necessary for the purpose of this Act a nd shall grant receipt to the proprietor of the same. Explanation – The expression ‘place of entertainment’ in case of a cable service means the place from where the cable television network is operated. 2 2 . Power to make rules:– The State Government may make Rules, subject t o the condition of pr evious publica tion, for securing the payment of the enterta inments tax and genera lly for carrying into effect the provisions of this Act, and in particular – (a ) for the supply and use of stamps or stamped tickets, or for the stamping of tickets sent to be stamped and for securing t he defacement of stamps when used;- 8 - Ex-217/2013 (b) for the use of tickets covering t he admission of more than one person and the calcula tion of the tax thereon; and for the payment of the tax on the transfer from one part of a place of entertainment to another a nd on payments for seats or other accommodation; (c ) for controlling the use of barriers or mechanical cont rivances (including the prevention of the use of the same barrier or mechanical contrivance for payment of a different amount), and for securing pr oper records of admission by means of barr iers or mechanical contrivances; (d) for the checking of admission, the keeping of accounts and the furnishing of returns by the proprietors of the enterta inments to which the provisions of sub-section (2) of Section 5, are applied or in respect of which the arrangements approved by the State Government for furnishing returns are made under Section 7; (e) for the renewal of damaged or spoiled stamps and for the procedure to be followed on applications for refund under this Act or under the Rules made thereunder; (f) for the keeping of accounts of all stamp used under this Act; (g) for the present ation and disposal of a pplica tions for exemption from pa yment of the ent erta inment s tax or for the refund thereof, ma de under the provisions of this Act; and (h) for the rates of fees, for petitions, certificates and other matters. 23. Penalty:– (1) If the Commissioner, in the cour se of any proceeding under this Act is satisfied tha t a ny proprietor or any other person lia ble to pay tax under this Act, has in any wa y evaded the liability to pay ta x and or has in any ma nner acted in contravention of or fa iled to comply with any of the rules fr amed under the Act, he may direct that such proprietor / person shall pa y by way of penalty as indicated below: – (a) in case of evasion of tax a sum not exceeding twice the tax evaded or rupees one thousand whichever is greater in a ddition to the tax paya ble; (b) in other cases a sum not exceeding rupees one thousand. (2) No order under sub-section (1) sha ll be ma de unless the person ha s been heard or has been given a reasonable opportunity of b eing heard. (3) No penalty under this Section shall be imposed by an officer to a ssist the Commissioner without the previous sanct ion of the Commissioner. (4) On payment of such sum as may be determined under sub-section (1), no further proceedings shall be taken against the person concerned in respect of the same offence. 2 4 . Information before holding entertainment: – (1) No entertainment on which a tax is leviable under this Act shall be held without prior information given to the Commissioner or to any other officer author ized by him in this behalf, in the manner pres crib ed. (2) No proprietor of a cable television network shall provide entertainment unless he obtains permission from the Commissioner or any other officer authorized by him in this behalf, in the manner pres crib ed. (3) Notwithstanding anything contained in this Act or any other law for the time being in force, the Commissioner, or any other officer authorized by him in this behalf may, after giving the proprietor a reasonable opportunity of being heard, prohibit the holding of such entertainment and may also take all reasonable steps to ensure that the order of prohibition is complied with, if he is satisfied that: – (a ) The proprietor has given a ny false information which is likely to result in the evasion of tax, or (b) The proprietor has failed to deposit the security money as demanded in this regard, or (c ) The proprietor has committed breach of any of the provisions of this Act and or the r ules ma de ther eu nder.- 9 -Ex-217/2013 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/5002 5 . Cognizance of offence:– No court shall take cognizance of any offence under this Act, or under the rules made thereunder except with the previous sanction of the Commissioner and, no court inferior to a Judicial Magistrate of the F irst Class shall try s uch offence. 2 6 . Power of State Government to delegate certain powers:– The State Government may, by notification in the Official Gazette, delegate all or any of its powers under this Act, except those conferred upon it by Section 22, and by this Section, to any person or to any authority subordinate to the State Government. 2 7 . Repeal and Savings:– On and fr om the date of commencement of this Act, the Assa m Amusement and Betting Tax Act, 1939 [Assam Act VI of 1939] as adapted in Mizoram and amended from time to time sha ll stands repea led: Provided that anything done or a ction t aken under the said Act so repealed shall b e deemed to have been done or taken under the corresp onding Section of this Act. Secretary, Law & Judicia l Department, Govt. of Mizoram. - 10 - Ex-217/2013
NOTIFICATION No. H. 12018/83/2013-LJD, the 30th April, 2013. The following Act of the Mizoram Legislative Assembly, which received the assent of the Governor of Mizoram is hereby published for general information. The Mizoram Entertainment Tax Act, 2013 (Act No. 4 of 2013). { Received the assent of t he Governor of Mizora m on the 17th March, 2013} AN ACT to mobilize additional resources for the public revenue of the State of Mizoram and for the purpose of levying and collect ion of tax on entertainments and other amusements. WHEREAS it is considered necessary to make an addition to the public revenue of Mizoram and for that purpose to impos e a tax on entertainments and other amusements. It is enact ed by t he Legislature of the State of Mizor am in the Sixty-Fourth Year of the Republic of India , as follows:- PRELIMINARY 1 . Short title, extent and commencement: (1) This Act ma y be ca lled the Mizor am Entertainment Tax Act, 2013. (2) It shall extend to the whole of the State of Mizoram. (3) It shall come into force fr om the date of their publication in t he Mizoram Gazette. 2 . Definitions: –In this Act, unless there is anything repu gnant in the subject or context, – ( a ) “Admission”includes admission a s a spectator or as one of an audience, and admission for the purpose of amusement by taking part in an entertainment; ( b ) “Admission to an entertainment” admis sion t o any place in which the enterta inment is being held or is to be held and where television exhibit ion is being pr ovided with the aid of any type of antenna with a cable network attached to it or cable television in r esidential or non- residential areas for which persons are r equired to make payment by way of contribution orThe Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 2.5.2013 Vaisakha 12, S.E. 1935, Issue No. 217RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page - 2 - Ex-217/2013 subscription or installation and connection charges or any other charges collected in any manner, whatsoever. ( c ) “Agriculture” includes horticulture and livestock breeding; ( d ) “Antenna” means an a pparatus which receives television signals which enables viewers to tune into transmissions including nationa l or international satellite transmissions a nd which is erected or installed for exhibition of films or moving pictures or series of pictures by means of transmission of television signals by wir e where subscr iber ’s television sets at the residential or non-residential place are linked by metallic coaxial cable or optic-fibre to a central system called the head-end, or a tuner or a simila r device which enables Dir ect To Home [DTH] transmission of television signa l on pa yment by the connection holder of a ny cont ribution or subscription or installation and connection charges or any other charges collected in any manner, whatsoever; ( e ) “Cable service” means the transmission by cables of pr ogramme including retransmission by cable of any br oadcast television signal; ( f ) “Cable Television” means a system organised on payment by connection holder of any contribution or subscription or installation and connection charges or any other charges collected in a ny manner whatsoever, for exhibition of films or moving pictures or series of pictures by means of tr ansmission of television signals by wire where subscriber ’s television set is linked by metallic coaxial cable or optic-fibre cable to a central sys tem called the head-end, by using a video cassette or disc or both, recor der or player or similar such appar atus on which pre- recorded video cassette or disc or both are played or r eplayed and the films or moving pictures or series of pictur es which are viewed and heard on the television receiving s et at a residential or non-residential place of a connection holder; ( g ) “Cable Television network” means any system consisting of a set of closed transmission paths and a ssociated signa l gener ation, control and distribution equipment designed to provide cable service for r eception by multiple s ubscrib ers; ( h ) “Casual Show” mea ns and includes any exhibition, performance, amusement, game, sport, music, cult ural a nd dramatic performa nce or any other entertainment of occasional na ture performed or held for a continuous period not exceeding seven days with or without break and to which persons a re admitted for payment; ( i ) “Commissioner” mea ns the Commissioner of Taxes appoint ed under Section 3 or the officer empowered thereunder to discharge the fu nctions of such author ity; (j ) “Direct To Home (DTH) Service” Direct To Home Service [DTH] means a service for multi-channel distribution of programme direct to subscribers’ premises by up-linking to a satellite system. ( k ) “Entertainment” mea ns and includes any exhibition, performance, amusement, game, sport, cinematogra ph show or video show to which persons are ordinar ily admitted on payment or moving pict ures or series of pictures which ar e viewed and heard on the television receiving set, with t he aid of any t ype of antenna with a cable network attached to it or cable networ k or Direct To Home [DT H] service for which persons are required to make payment by way of contribution or subscription or installation and connection charges or any other charges collected in any manner whatsoever; ( l ) “Live-stock” means and includes anima ls of every description; ( m ) “Payment for admission” means and includes – (i)any payment made by a person who having been admitted to one part of a place of entertainment is subsequently admitted to another part thereof, for a dmission to which a payment involving a tax or a higher rate of tax is required; (ii) any payment for seats or other accommoda tion in a place of ent ertainment; (iii) any payment made for the loan or used of a ny instr ument or contrivance which ena bles a person to get a normal or better view or hear ing of the entertainment which, without the aid of s uch ins trument or contr ivance, such person would not get; - 3 -Ex-217/2013 (iv) any payment for any purpose whatsoever connected wit h an entertainment which is required to make as a condition of attending or continuing to attend the entertainment in addition to the payment, if any, for admission to the entertainment; (v) any payment made by a person by way of contribution or subscr iption or insta llation and connection charges or any other charges collected in any manner whatsoever for television exhibition with the aid of any type of antenna with a cable network attached to it or cable television; ( n ) “Prescribed” means prescribed by rules made under this Act; ( o ) “Proprietor” in relation to any entertainment means t he owner and shall also include mana ger, orga niser a nd any person responsible for, or, for the time being, in charge of the management ther eof; ( p ) “Society” includes a company, institution, club or other association of persons by whatever name called; ( q ) “State Government” means the S tate Government of Mizor am; ( r ) “S ubscriber” means a person who receives the signa ls of ca ble t elevis ion networ k or of direct to home ser vice at any pla ce indicated by him without further transmitting t o any other person. In case of hotels, each r oom or premise where signals of cable television network or of direct to home service are received sha ll be treat ed as a subscriber. ( s ) “Tax”means entert ainment tax levied under this Act; ( t ) “Ticket”means a ticket or a complimentary pass for the purpose of securing admission to an entertainment in accordance with the provisions of this Act. ( u ) “Video cinema” means any place where exhibition of cinematogra ph film or moving pictures or series of pictures in public, organised by playing or replaying of pre-recorded cassette by means of a video ca ssette player or recorder either on the scr een of a television set or video- scop e or otherwise is provided for commercial purpose. ( 3 ) Taxing Authority:– The State Government may for carrying out the purposes of this Act, appoint a person to be Commissioner or empowered, by notification in the official Gazette, any officia l to discharge the functions of such author ity. ( 4 ) Delegation of Commissioner’s power:–Subject to such restrictions and conditions as may be prescribed, the Commissioner may, by notification in the official Gazette, delegate any of his powers u nder this Act to any official and any such officia l shall thereup on exercise the said power. 5 . Tax on payments for admission to entertainment: – (1) Except as otherwise expressly provided in this Act, there sha ll as from the date on which this Act comes int o for ce, be char ged, levied and paid to the Government of Mizoram a ta x, hereinafter referr ed to as the entertainment ta x, on a ll payment for admission to a ny class of entertainment, at t he rates specif ied below: – (a ) In the case of games, sports, music or dramatic performances organised by any person, association, body or society – five per centum of such payment; (b) In t he case of cinematograph exhibition, where the payment for admission is – (i)Rupees ten or less – Nil. (ii) Rupees fifty or less but more than rupees ten – 10 per centum of such payment. (iii) More than rupees fifty – 20 per centum of such payment. (c ) In t he case of Casual show other than those covered by clause (a ), – ten per centum of such payment; (d) In a ny other case – ten per centum of such payment. Provided that there shall not be charged, levied and paid to the State Government any tax where the highest payment for admission does not exceed rupees ten. - 4 - Ex-217/2013 Explanation: – The rate of tax shall be charged and levied on the payment for admission excluding the tax and if the amount of tax so arrived at is not a multiple of one rupee, it shall be rounded to the next higher multiple of one rupee. (2) The Commissioner ma y, on the application of a proprietor of any entertainment in respect of which the entertainments tax is payable under sub-section (1), allow the proprietor on such conditions as it may be pr escribed, to pay the amount of the tax due by means of a consolidated payment of t wenty p er centum of the gross sum received by the pr oprietor on account of such payments for admission to the entertainment a nd on account of the tax. (3) The enterta inments tax, in the case of theatre, cinematograph exhibitions and cir cus and any other class of entertainments which the Commissioner may direct, sha ll be charged, levied and paid with effect fr om the date on which this Act comes into force. (4) Levy of entertainment tax on complimentary passes or tickets: – Entertainments tax shall be char ged, levied and paid on all free or complimentary passes or tickets by whatever name called, issued by the proprietor, exhibitor or organiser of the entertainments in respect of admission without payment to a seat or other accommodation therein. (5) The liability to pa y entertainments tax shall be on the proprietor of the entertainment. (6) The State Government may, by notification in the Official Gazette, vary the rates of tax under this Act and on su ch notification being issued, the r ate of tax sha ll be deemed to have been amended accordingly: Provided that the rate of tax to be specified or varied by the State Government in resp ect of any cla ss of entertainment s hall not exceed fifty per centum of the existing r ate. 6 . Levy of entertainment tax on Cable Television and Direct To Home [DTH] Service:– (1) Notwithstanding anything contained in Section 5, the proprietor of a cable television network providing cable service and of the direct to home (DTH) service shall be liable to pay entertainment tax at the rate of twenty rupees per subscriber per month. (2) Nothing in sub-section (1 ) shall preclude the State Government from notifying different r ates of entertainment tax for household or for the different ca tegories of hot els. 7 . Admission to entertainments:–No person shall be admitted to any entertainment where the payment for admission is s ubject to the entertainment ta x, except – (a) In case of cinematograph exhibition with a ticket stamped with an impressed, embossed, engraved or adhesive stamp (not before use) issued by the State Government for the pur pose of r evenue and denoting that the proper enterta inment tax has been paid; (b) in t he case of cable television and dir ect to home (DTH) service where the entertainment tax shall be due and r ecovera ble fr om the proprietor; (c ) in s pecial case with the approva l of the Commissioner through a barr ier which, or by means of a mechanica l contrivance which, a utomatically registered the number of persons admit ted, unless the proprietor of the entertainment has made arrangements approved by the Commissioner for furnishing returns of the payments for admission to the entertainment and has given secu rity upto a n amount a nd in a ma nner appr oved by the Commis sioner for the pa yment of the entertainment tax; (d) in the case of cinematograph exhibition unless the proprietor of the entertainment has made arra ngements approved by the Commissioner for fur nishing returns of payments for admission to the entertainment and a lso returns of admission to seat or other accommodations without payment or free or complimentary passes or tickets and has given security upto an amount and in a manner approved by the Commissioner for the payment of the entertainment tax. Provided tha t the provisions of this Section shall not a pply to the proprietors and the officer of the Government on duty. - 5 -Ex-217/2013 Provided fur ther that the provision of this Section shall not a pply to a cinematograph exhibition where the proprietor of the cinematograph exhibition has been permitted to pay lump-sum amount in lieu of the amount of tax, as per the proviso t o clause (b) of sub- section (1) of Section 5. 8 . Security:– T he Commissioner or any officer authorized in this behalf b y him for the purpose may for good and sufficient reasons; demand from the propr ietor of an entertainment of a temporary nature, a r easonable secur ity before the enterta inment is held and on such demand being made the proprietor concerned shall furnish t he secur ity. 9 . Penalty for non-payment of tax:– (1) If a ny person is admitted for payment to any pla ce of entertainment and the pr ovisions of Section 8 a re not complied with, the pr oprietor of the entertainment to which such person is admitted shall, on convict ion before a Magistrate, be liable in respect of each such offence to a fine not exceeding one thousand rupees and shall in addition be liable to pay any tax which should have been paid. (2) If a ny propr ietor or service provider of a cable television network or direct to home (DTH) service, as the case may be, fails to pay the entertainment tax as per provision of S ection 6, he shall on conviction before a Magistrate, be liable in r espect of each such offence to a fine not exceeding one and a half t imes of the amount of the ta x due a nd shall in addition be liable to pay any tax which would have been paid. 10. Section 8 and 9 not to apply in certain cases:– The pr ovisions of S ection 8 and 9 shall not apply to any entertainment in respect of which a cons olidated payment is made under sub-section (2) of Section 5. 11 . Returns: – (1) Every propr ietor shall fu rnish a correct and complete return in such form for such period, by such date and to such authority, as may be prescribed: Provided that different periods may be prescribed for differ ent cla sses of entertainment for the purpose of filing return: Provided fur ther that in r espect of an entertainment which is a single event or which is held for a donation less than a week, the proprietor sha ll submit return, as may be prescribed, for thwith upon conclusion of such return. (2) If a ny proprietor having furnished a return under this section discovers a ny omission or any other error in the return so filed, he may, without pr ejudice to the charge of any interest, fur nish revised return in the prescribed manner and within the prescribed time. (3) When the tax payable is required to be paid in accordance with return, every proprietor, before submitting such returns as requir ed by sub-section (1), shall, in the prescribed manner, pay the full amount of tax, interest and any other sum payable by him according to such return or the differentia l tax payable according to the revised return fur nished, if any, and shall fu rnish along with the return or revised retur n, as t he case may be, a receipt showing full payment of such amount into Government account. 12. Assessment: – (1) If the Commissioner or any officer author ized in this behalf by him is satisfied that any return furnished by a proprietor is corr ect and completed and that the tax under the provisions of this Act due thereon is paid in full, such return be a ccepted and assessment shall be deemed to have been made on the basis thereof. - 6 - Ex-217/2013 (2) If any proprietor – (a ) has failed to give information or take permission as required under Section 24 or has furnished incorrect particulars at the time of obtaining permission from the Commissioner or a ny officer authorized in this behalf by him; or (b) ha s fu rnished incomplete or incor rect return in relation to an enterta inment for a ny period; or (c ) has not maintained any records or has fa iled to mainta in records in a ccordance with the provisions of the Act, the Commissioner or any officer authorized in this behalf by him shall, after giving the proprietor a reasonable opportunity of being heard and after making such enquiry as he considers necessary, assess to t he best of his judgement any amount payable under this Act by such proprietor within a period of three years fr om the expiry of the year to which t he period of entertainment relates and may also impose a penalty equal to twice t he difference between the amount of tax so assessed and tax paid, if any. (3) Wher e the Commissioner or any officer a uthorized in this behalf by him is of the opinion that any tax payable under this Act ha s escaped assessment or has been under-assessed or has been assessed at a lower rate. Such authority may proceed to reassess, to the best of his judgement, tax so due within a p eriod of five years from the expiry of the year to which the period of entertainment rela tes. Provided that no order under this sub-section shall be passed without giving the pr oprietor an opportunit y of being heard. 1 3 . Interest: – If a ny proprietor fails to pay the amount of ta x due within the time prescribed for its pa yment, such proprietor shall, in addition to the ta x, be liable to pay simple interest, at the rate of one a nd half per cent, per month on the amount of tax not so paid or on any less amount thereof remaining unpaid during such period, for the period commencing on the day following the day of expiry of t he due date to the date of payment or the date of assessment, whichever is earlier. If any dealer fails to pay interest along with the return or revised return in accordance with the provisions of this sub-section, such interest shall be levied by the Commissioner or any officer author ized in this behalf by him. Explanation – For the purpose of calculating interest: – (a) ‘month’ shall means thirty days; (b) Where the period of defaults is in respect of a period of less than one month, the interest shall be computed proportionately. 1 4 . Manner o f payment:– (1) The proprietor shall be liable to pay the amount of tax payable under this Act, – (a ) In the case of admission by stamped tickets, by means of stamps to be affixed on the tickets in the prescribed manner; or (b) In a ccordance with the returns of the payment for admission to the entertainment and on a ccount of tax; or (c ) In accordance with the resu lt accorded by any mechanica l contrivance or electronic device, which automatically registers the number of persons admitted to the entertainment. (2) Wher e the pa yment for admission to an entertainment is made by means of a lump sum paid as a subscription or contribution to any society, or for a season ticket or for the right of admission to a series of entertainments or to any entertainment du ring a certain period of time, or for any privilege, right, facility or anything combine with the right of admission to any enterta inment, or involving such right of admission without further payment or at a reduced charge the entertainment - 7 -Ex-217/2013 tax shall be paid on the a mount of the lump sum, but where the Commissioner is of opinion that the payment of a lump sum or any payment for ticket r epresents payment for other privileges, rights or purposes besides the admission to an entertainment, or covers admission to an entertainment during any period for which the tax has not been in op eration, the tax shall be char ged on such an amount as appears to the Commissioner to represent the right of admission to t he enter tainments in r espect of which the ent ertainment tax is paya ble. 15. Exemption:– (1) The entertainments tax sha ll not be charged on pa yments for admission t o any entertainment where the Commissioner is satisfied – (a) that the whole of the takings there, after deducting the actual expenses of the entertainment to a maximum of twenty five per cent of the total receipt are devoted to philanthropic, r eligious or charitable purposes; or (b) that the entertainment is of a wholly educational character (any question on that point to be determined in the case of difference by the State Government in Education Department); or (c ) that the entertainment is provided for pa rtly educationa l or par tly scientific purposes by a society, not conducted or established for profit; or (d) that the entertainment is provided by a society which is established solely for the pur pose of promoting the interest of the industry or agriculture, or the manufacturing industry, or some branch thereof, or the public health, and which is not conduct ed for profit, and cons ists solely of an exhibition of the product of the industry, or branch thereof, for promoting the interests of which the society exists or of materials, machinery, appliances, or foodstuff used in the pr oduction of those products, or of articles which are of material interest in connection with the questions relating to t he public health, as the case may be; or (e) that the entertainment is provided by the management of a tea estate for the benefit of esta te’s la bour force for which no charge for admission is made. (2) The Commissioner may, by general or special order, exempt any enterta inment or class of entertainments from liability to the entertainments tax. (3) Notwithstanding anything contained in the Act, the Commissioner may, by genera l or special order and subject to such conditions as may be specified in the order, exempt any class of persons from the liability to the entertainment tax under the Act for a dmission to any entertainment or class of entertainments. 1 6 . Refunds in certain circumstances:– Where the State Government is satisfied that the whole of the net proceeds of an entertainment ar e devoted to philanthr opic, r eligious or charitable purposes, and in calculating the net proceeds not more than twenty five per cent of the gr oss proceeds have been deducted on account of the expenses of the entertainment, they shall repay to the proprietor the amount of t he entertainments tax paid in resp ect of the entertainment. 1 7 . Applicability of the provisions of the Mizoram Value Added Tax Act, 2005: –Subject to the provisions of this Act and the rules made thereunder, sections 38, 49, 52, 65, 67, 68, 69, 70, 80 of the Mizoram Value Added Tax Act, 2005 and the rules made t hereunder, orders, notifications issued thereunder shall mutatis mutandis apply to a proprietor in resp ect of any tax levied and payable under this Act, as if those sections were mutatis mutandis incorporated in this Act a nd the r ules framed and orders a nd notifications issued under those sections so incorpora ted under this Act. 18. Recoveries:– Any sum due on account of tax, interest, penalt y under any provision of this Act shall, without prejudice to any ot her mode of recovery a vailable to the Government under any other law for the time being in force, be recoverable as an arrear of land revenue. 19. Composition of offences:– (1) Subject to s uch conditions as may be prescribed, Commissioner or any officer a uthorized in this behalf by him may, either before or after institution of proceedings of prosecution for any offence punishable under this Act, accept from a ny person charged with such offence under this Act or the rules made there under, by way of composition of offence, in addition to the amount so payable, a sum not exceeding double the amount of tax which would have been paya ble had these pr ovisions been complied with: Provided tha t such authorit y shall not accept any sum by way of composit ion which is less than twenty five per cent of the amount of tax which would have been payable had these provisions been complied with. (2) Wher e such authorit y compounds an offence under this section, the order, – (a ) shall be in writing and specify the offence committed, the su m of money to be paid, the due date for payment, and date by which the proof of such payment is to be produced; (b) shall be ser ved on the person who committed the offence; and (c ) shall be final and not subject to any appeal. (3) On payment of such sum as may be determined under sub-section (1), no further proceedings shall be taken against the person concerned in respect of the same offence. 20. Inspection:– (1) The Commissioner or any other officer authorized in this behalf by him may with such assistance as may be necessary enter, inspect and search any place of entertainment while the entertainment is proceeding, and any pla ce ordinarily used as a place of entertainment or for keeping records connected therewith, at a ny reasonable times with a view to seeing whether the pr ovisions of this Act or any rules made thereunder are being complied with. Explanation – The expression ‘place of entertainment’ in case of a cable service means the place from where the cable television network is operated. (2) If a ny person prevents or obstruct s the entry of any officer so authorised, he shall, in addition to a ny other punishment to which he is lia ble under any law for the time being in force, be liable on conviction before a Ma gistrate, to a fine not exceeding t wo hundred rupees. (3) Every officer authorised under this section sha ll be deemed to be a public servant within the meaning of S ection 21 of the India n Penal Code, 1860 (XLV of 1860). 2 1 . Seizure of Books of Accounts, etc.:– T he Commissioner or a ny officer authorized in this behalf by him may s eize any books of accounts, registers, admission tickets, counterfoil of tickets or any other documents from a ny place of entertainment where the entertainment is proceeding or from any place ordinarily used as a place for entertainment if the officer has r eason t o suspect that the provisions of this Act or any rules made thereunder ar e not complied with a nd reta in the same for so long as may be necessary for the purpose of this Act a nd shall grant receipt to the proprietor of the same. Explanation – The expression ‘place of entertainment’ in case of a cable service means the place from where the cable television network is operated. 2 2 . Power to make rules:– The State Government may make Rules, subject t o the condition of pr evious publica tion, for securing the payment of the enterta inments tax and genera lly for carrying into effect the provisions of this Act, and in particular – (a ) for the supply and use of stamps or stamped tickets, or for the stamping of tickets sent to be stamped and for securing t he defacement of stamps when used;- 8 - Ex-217/2013 (b) for the use of tickets covering t he admission of more than one person and the calcula tion of the tax thereon; and for the payment of the tax on the transfer from one part of a place of entertainment to another a nd on payments for seats or other accommodation; (c ) for controlling the use of barriers or mechanical cont rivances (including the prevention of the use of the same barrier or mechanical contrivance for payment of a different amount), and for securing pr oper records of admission by means of barr iers or mechanical contrivances; (d) for the checking of admission, the keeping of accounts and the furnishing of returns by the proprietors of the enterta inments to which the provisions of sub-section (2) of Section 5, are applied or in respect of which the arrangements approved by the State Government for furnishing returns are made under Section 7; (e) for the renewal of damaged or spoiled stamps and for the procedure to be followed on applications for refund under this Act or under the Rules made thereunder; (f) for the keeping of accounts of all stamp used under this Act; (g) for the present ation and disposal of a pplica tions for exemption from pa yment of the ent erta inment s tax or for the refund thereof, ma de under the provisions of this Act; and (h) for the rates of fees, for petitions, certificates and other matters. 23. Penalty:– (1) If the Commissioner, in the cour se of any proceeding under this Act is satisfied tha t a ny proprietor or any other person lia ble to pay tax under this Act, has in any wa y evaded the liability to pay ta x and or has in any ma nner acted in contravention of or fa iled to comply with any of the rules fr amed under the Act, he may direct that such proprietor / person shall pa y by way of penalty as indicated below: – (a) in case of evasion of tax a sum not exceeding twice the tax evaded or rupees one thousand whichever is greater in a ddition to the tax paya ble; (b) in other cases a sum not exceeding rupees one thousand. (2) No order under sub-section (1) sha ll be ma de unless the person ha s been heard or has been given a reasonable opportunity of b eing heard. (3) No penalty under this Section shall be imposed by an officer to a ssist the Commissioner without the previous sanct ion of the Commissioner. (4) On payment of such sum as may be determined under sub-section (1), no further proceedings shall be taken against the person concerned in respect of the same offence. 2 4 . Information before holding entertainment: – (1) No entertainment on which a tax is leviable under this Act shall be held without prior information given to the Commissioner or to any other officer author ized by him in this behalf, in the manner pres crib ed. (2) No proprietor of a cable television network shall provide entertainment unless he obtains permission from the Commissioner or any other officer authorized by him in this behalf, in the manner pres crib ed. (3) Notwithstanding anything contained in this Act or any other law for the time being in force, the Commissioner, or any other officer authorized by him in this behalf may, after giving the proprietor a reasonable opportunity of being heard, prohibit the holding of such entertainment and may also take all reasonable steps to ensure that the order of prohibition is complied with, if he is satisfied that: – (a ) The proprietor has given a ny false information which is likely to result in the evasion of tax, or (b) The proprietor has failed to deposit the security money as demanded in this regard, or (c ) The proprietor has committed breach of any of the provisions of this Act and or the r ules ma de ther eu nder.- 9 -Ex-217/2013 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/5002 5 . Cognizance of offence:– No court shall take cognizance of any offence under this Act, or under the rules made thereunder except with the previous sanction of the Commissioner and, no court inferior to a Judicial Magistrate of the F irst Class shall try s uch offence. 2 6 . Power of State Government to delegate certain powers:– The State Government may, by notification in the Official Gazette, delegate all or any of its powers under this Act, except those conferred upon it by Section 22, and by this Section, to any person or to any authority subordinate to the State Government. 2 7 . Repeal and Savings:– On and fr om the date of commencement of this Act, the Assa m Amusement and Betting Tax Act, 1939 [Assam Act VI of 1939] as adapted in Mizoram and amended from time to time sha ll stands repea led: Provided that anything done or a ction t aken under the said Act so repealed shall b e deemed to have been done or taken under the corresp onding Section of this Act. Secretary, Law & Judicia l Department, Govt. of Mizoram. - 10 - Ex-217/2013The Mizoram Appropriation (No. 3) Act, 2013 (Act No. 3 of 2013).
NOTIFICATION No. H. 12018/83/2013-LJD, the 26th April, 2013. The following Act of the Mizoram Legislative Assembly, which received the assent of the Governor of Mizoram is hereby published for general information. The Mizoram Appropriation (No. 3) Act, 2013 (Act No. 3 of 2013). { Received the assent of t he Governor of Mizora m on the 20th March, 2013} AN ACT to authorise payment and appropria tion of certain sums from and out of the Consolidated Fund of the S tate for the services for Financial Year, 2013-2014. It is enact ed by the Legislative Assembly of Mizoram in the Sixty Four th Year of the Republic of India as follows :- Short title1. This Act may be called the Mizoram Appropriation (No. 3) Act, 2013. Issue of ^ 53973383000/-2. From and out of the Consolidated Fund of the State of Mizoram, there out of the Consolidatedmay be paid and applied the sums not exceeding those as specified in Fund of the State of Mizoramcolumn (7) of the Schedule to this Act, amounting, in the aggregate, to for the Financial Year,the sum ofRupees five thousand three hundred ninety seven 2013-2014.crore thirty three lakh eighty three thousand only for defraying the sever al cha rges which will come in course of payment for the Financial Year, 2013-2014 in respect of the services specified in column (2) of the Schedule. Appropriation3. The sums authorized to be paid and applied from and out of the Consolidated Fund of the State of Mizoram by this Act shall be appropria ted for the services and purposes expressed in the Schedule in relation to the said period. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 2.5.2013 Vaisakha 12, S.E. 1935, Issue No. 216RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page - 2 - Ex-216/2013 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/5001Legislative Assembly157675000170000008720000183395000 2Governor10600004497000046030000 3Council of Ministers5732200057322000 4Law & Judicial17389100049095000222986000 5Vigilance5208100052081000 6Land Revenue & Reforms185156000185156000 7Excise & Narcotics223090000223090000 8Taxation115490000115490000 9Finance34818480002475000003729348000 10Mizoram Public Service Commsn.4300000043000000 11Secretariat Administration770700000770700000 12Parliamentary Affairs52700005270000 13Personnel & Admn. Reforms2296600022966000 14Planning & Prog. Implementation 95531750009553175000 15General Admn. Department507618000507618000 16Home43581020002466000004604702000 17Food, Civil Supplies & Con. Affairs 671374000 17826700002454044000 18Printing & Stationery122945000122945000 19Local Administration Department63414700040000000674147000 20School Education58007600005800760000 21Higher & Technical Education10711190001071119000 22Sports & Youth Services118116000118116000 23Art & Culture8687900086879000 24Medical & Public Health Services 1679286000500001679336000 25Water Supply & Sanitation1088600000170000001105600000 26Information & Public Relations107750000107750000 27District Councils21073000002107300000 28Labour & Employment8100400081004000 29Social Welfare321611000321611000 30Disaster Management & Rehab.172801000172801000 31Agriculture17529270001752927000 32Horticulture2241700003400000227570000 33Soil & Water Conservation181953000181953000 34Animal Husbandry35365800047000000400658000 35Fisheries6705500067055000 36Environment & Forests844204000844204000 37Cooperation9887400011300000110174000 38Rural Development547340000443200000990540000 39Power27910040001500000002941004000 40Industries420146000420146000 41Sericulture115685000115685000 42Transport4365810002510000439091000 43Tourism5830200058302000 44Trade & Commerce40775000850000049275000 45Public Works15286410009502000002478841000 46Urban Dev. & Poverty Alleviation367501000 10286000001396101000 47Minor Irrigation160875000 13160000001476875000 48Info. & Com. Technology3617200036172000 49Public Debt2713850000 10472190003761069000 GRAND TOTAL43754999000 6311530000 2859635000 104721900053973383000 THE SCHEDULE (See Section 2 and 3) Demand No.SERVICES AND PURPOSESSUMS NOT EXCEEDING Voted by the Legislative AssemblyCharged on the Consolidated FundTotalin ^RevenueCapitalRevenueCapital 1234567Secretary, Law & Judicial Department, Govt. of Mizoram
NOTIFICATION No. H. 12018/83/2013-LJD, the 26th April, 2013. The following Act of the Mizoram Legislative Assembly, which received the assent of the Governor of Mizoram is hereby published for general information. The Mizoram Appropriation (No. 3) Act, 2013 (Act No. 3 of 2013). { Received the assent of t he Governor of Mizora m on the 20th March, 2013} AN ACT to authorise payment and appropria tion of certain sums from and out of the Consolidated Fund of the S tate for the services for Financial Year, 2013-2014. It is enact ed by the Legislative Assembly of Mizoram in the Sixty Four th Year of the Republic of India as follows :- Short title1. This Act may be called the Mizoram Appropriation (No. 3) Act, 2013. Issue of ^ 53973383000/-2. From and out of the Consolidated Fund of the State of Mizoram, there out of the Consolidatedmay be paid and applied the sums not exceeding those as specified in Fund of the State of Mizoramcolumn (7) of the Schedule to this Act, amounting, in the aggregate, to for the Financial Year,the sum ofRupees five thousand three hundred ninety seven 2013-2014.crore thirty three lakh eighty three thousand only for defraying the sever al cha rges which will come in course of payment for the Financial Year, 2013-2014 in respect of the services specified in column (2) of the Schedule. Appropriation3. The sums authorized to be paid and applied from and out of the Consolidated Fund of the State of Mizoram by this Act shall be appropria ted for the services and purposes expressed in the Schedule in relation to the said period. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 2.5.2013 Vaisakha 12, S.E. 1935, Issue No. 216RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page - 2 - Ex-216/2013 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/5001Legislative Assembly157675000170000008720000183395000 2Governor10600004497000046030000 3Council of Ministers5732200057322000 4Law & Judicial17389100049095000222986000 5Vigilance5208100052081000 6Land Revenue & Reforms185156000185156000 7Excise & Narcotics223090000223090000 8Taxation115490000115490000 9Finance34818480002475000003729348000 10Mizoram Public Service Commsn.4300000043000000 11Secretariat Administration770700000770700000 12Parliamentary Affairs52700005270000 13Personnel & Admn. Reforms2296600022966000 14Planning & Prog. Implementation 95531750009553175000 15General Admn. Department507618000507618000 16Home43581020002466000004604702000 17Food, Civil Supplies & Con. Affairs 671374000 17826700002454044000 18Printing & Stationery122945000122945000 19Local Administration Department63414700040000000674147000 20School Education58007600005800760000 21Higher & Technical Education10711190001071119000 22Sports & Youth Services118116000118116000 23Art & Culture8687900086879000 24Medical & Public Health Services 1679286000500001679336000 25Water Supply & Sanitation1088600000170000001105600000 26Information & Public Relations107750000107750000 27District Councils21073000002107300000 28Labour & Employment8100400081004000 29Social Welfare321611000321611000 30Disaster Management & Rehab.172801000172801000 31Agriculture17529270001752927000 32Horticulture2241700003400000227570000 33Soil & Water Conservation181953000181953000 34Animal Husbandry35365800047000000400658000 35Fisheries6705500067055000 36Environment & Forests844204000844204000 37Cooperation9887400011300000110174000 38Rural Development547340000443200000990540000 39Power27910040001500000002941004000 40Industries420146000420146000 41Sericulture115685000115685000 42Transport4365810002510000439091000 43Tourism5830200058302000 44Trade & Commerce40775000850000049275000 45Public Works15286410009502000002478841000 46Urban Dev. & Poverty Alleviation367501000 10286000001396101000 47Minor Irrigation160875000 13160000001476875000 48Info. & Com. Technology3617200036172000 49Public Debt2713850000 10472190003761069000 GRAND TOTAL43754999000 6311530000 2859635000 104721900053973383000 THE SCHEDULE (See Section 2 and 3) Demand No.SERVICES AND PURPOSESSUMS NOT EXCEEDING Voted by the Legislative AssemblyCharged on the Consolidated FundTotalin ^RevenueCapitalRevenueCapital 1234567Secretary, Law & Judicial Department, Govt. of MizoramThe Mizoram Appropriation (No. 2) Act, 2013 (Act No. 2 of 2013).
NOTIFICATION No. A. 12018/83/2013-LJD, the 26th April, 2013. The following Act of the Mizoram Legislative Assembly, which received the assent of the Governor of Mizoram is hereby published for general information. The Mizoram Appropriation (No. 2) Act, 2013 (Act No. 2 of 2013). { Received the assent of t he Governor of Mizora m on the 20th March, 2013} AN ACT to authorise payment and appropria tion of certain sums from and out of the Consolidated Fund of the S tate for the services during the Financial Year of 2012-2013. It is enact ed by the Legislative Assembly of Mizoram in the Sixty Four th Year of the Republic of India as follows, namely :- Short title1. This Act may be called the Mizoram Appropriation (No. 2) Act, 2013. Issue of ^ 9670778000/-2. From and out of the Consolidated Fund of the State of Mizoram, there only out of the Consolidatedmay be paid and applied the sums not exceeding those as specified in Fund of the State of Mizoramcolumn (7) of the Schedule to this Act, amounting, in the aggregate, to for the Financial Yearthe sum of Rupees nine hundred sixty seven crore seven lakh seventy 2011-2012.eight thousa nd only for defraying t he several char ges which will come in course of payment during the Financial Year, 2012-2013 in respect of t he services sp ecified in column (2 ) of the Schedule. Appropriation3. The sums authorized to be paid and applied from and out of the Consolidated Fund of the State of Mizoram by this Act shall be appropria ted for the services and purposes expressed in the Schedule in relation to the said period. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 2.5.2013 Vaisakha 12, S.E. 1935, Issue No. 215RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page - 2 - Ex-215/2013 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/5001Legislative Assembly25000002500000 2Governor12000045200004640000 3Council of Ministers43650004365000 4Law & Judicial12130000105400013184000 6Land Revenue & Reforms1925600019256000 7Excise & Narcotics47690004769000 8Taxation3780700037807000 9Finance29236000900000038236000 10Mizoram Public Service Commsn.32000003200000 11Secretariat Administration1576700015767000 12Parliamentary Affairs114000114000 14Planning & Prog. Implementation3991600039916000 15General Admn. Department9255700092557000 16Home254654000207996000462650000 17Food, Civil Supplies & Con.48912000620872000669784000 18Printing & Stationery53420003303800038380000 19Local Administration Department5224800052248000 20School Education523085000523085000 21Higher & Technical Education5185890008000000526589000 22Sports & Youth Services141700002212100036291000 23Art & Culture93230009323000 24Medical & Public Health Services396142000396142000 25Water Supply & Sanitation313700000563197000876897000 26Information & Public Relations43500004350000 27District Councils353213000353213000 28Labour & Employment29340002934000 29Social Welfare53124300030482000561725000 30Disaster Management & Rehab.9160700091607000 31Agriculture561759000561759000 32Horticulture5670000056700000 33Soil & Water Conservation75230002500000032523000 34Animal Husbandry152309000152309000 35Fisheries111200000111200000 36Environment & Forests9527500095275000 37Cooperation77160007716000 38Rural Development555730004366300099236000 39Power309978000278238000588216000 40Industries8518200085182000 41Sericulture1800000018000000 42Transport1152300011523000 43Tourism27710002771000 44Trade & Commerce357300020000005573000 45Public Works129120000849467000978587000 46Urban Dev. & Poverty47936000135302000183238000 47Minor Irrigation24490002449000 48Info. & Com. Technology3410800034108000 49Public Debt63733000 16991510001762884000 GRAND TOTAL5070744000 282837600072507000 16991510009670778000 THE SCHEDULE (See Section 2 and 3) Demand No.SERVICES AND PURPOSESSUMS NOT EXCEEDING Voted by Legislative AssemblyCharged on the Consolidated FundTotalin ^RevenueCapitalRevenueCapital 1234567Secretary, Law & Judicial Department, Govt. of Mizoram.
NOTIFICATION No. A. 12018/83/2013-LJD, the 26th April, 2013. The following Act of the Mizoram Legislative Assembly, which received the assent of the Governor of Mizoram is hereby published for general information. The Mizoram Appropriation (No. 2) Act, 2013 (Act No. 2 of 2013). { Received the assent of t he Governor of Mizora m on the 20th March, 2013} AN ACT to authorise payment and appropria tion of certain sums from and out of the Consolidated Fund of the S tate for the services during the Financial Year of 2012-2013. It is enact ed by the Legislative Assembly of Mizoram in the Sixty Four th Year of the Republic of India as follows, namely :- Short title1. This Act may be called the Mizoram Appropriation (No. 2) Act, 2013. Issue of ^ 9670778000/-2. From and out of the Consolidated Fund of the State of Mizoram, there only out of the Consolidatedmay be paid and applied the sums not exceeding those as specified in Fund of the State of Mizoramcolumn (7) of the Schedule to this Act, amounting, in the aggregate, to for the Financial Yearthe sum of Rupees nine hundred sixty seven crore seven lakh seventy 2011-2012.eight thousa nd only for defraying t he several char ges which will come in course of payment during the Financial Year, 2012-2013 in respect of t he services sp ecified in column (2 ) of the Schedule. Appropriation3. The sums authorized to be paid and applied from and out of the Consolidated Fund of the State of Mizoram by this Act shall be appropria ted for the services and purposes expressed in the Schedule in relation to the said period. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 2.5.2013 Vaisakha 12, S.E. 1935, Issue No. 215RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page - 2 - Ex-215/2013 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/5001Legislative Assembly25000002500000 2Governor12000045200004640000 3Council of Ministers43650004365000 4Law & Judicial12130000105400013184000 6Land Revenue & Reforms1925600019256000 7Excise & Narcotics47690004769000 8Taxation3780700037807000 9Finance29236000900000038236000 10Mizoram Public Service Commsn.32000003200000 11Secretariat Administration1576700015767000 12Parliamentary Affairs114000114000 14Planning & Prog. Implementation3991600039916000 15General Admn. Department9255700092557000 16Home254654000207996000462650000 17Food, Civil Supplies & Con.48912000620872000669784000 18Printing & Stationery53420003303800038380000 19Local Administration Department5224800052248000 20School Education523085000523085000 21Higher & Technical Education5185890008000000526589000 22Sports & Youth Services141700002212100036291000 23Art & Culture93230009323000 24Medical & Public Health Services396142000396142000 25Water Supply & Sanitation313700000563197000876897000 26Information & Public Relations43500004350000 27District Councils353213000353213000 28Labour & Employment29340002934000 29Social Welfare53124300030482000561725000 30Disaster Management & Rehab.9160700091607000 31Agriculture561759000561759000 32Horticulture5670000056700000 33Soil & Water Conservation75230002500000032523000 34Animal Husbandry152309000152309000 35Fisheries111200000111200000 36Environment & Forests9527500095275000 37Cooperation77160007716000 38Rural Development555730004366300099236000 39Power309978000278238000588216000 40Industries8518200085182000 41Sericulture1800000018000000 42Transport1152300011523000 43Tourism27710002771000 44Trade & Commerce357300020000005573000 45Public Works129120000849467000978587000 46Urban Dev. & Poverty47936000135302000183238000 47Minor Irrigation24490002449000 48Info. & Com. Technology3410800034108000 49Public Debt63733000 16991510001762884000 GRAND TOTAL5070744000 282837600072507000 16991510009670778000 THE SCHEDULE (See Section 2 and 3) Demand No.SERVICES AND PURPOSESSUMS NOT EXCEEDING Voted by Legislative AssemblyCharged on the Consolidated FundTotalin ^RevenueCapitalRevenueCapital 1234567Secretary, Law & Judicial Department, Govt. of Mizoram.The Mizoram Appropriation (No. 1) Act, 2013 (Act No. 1 of 2013).
NOTIFICATION No. H. 12018/83/2013-LJD, the 26th April, 2013. The following Act of the Mizoram Legislative Assembly, which received the assent of the Governor of Mizoram is hereby published for general information. The Mizoram Appropriation (No. 1) Act, 2013 (Act No. 1 of 2013). { Received the assent of t he Governor of Mizora m on the 20th March, 2013} AN ACT to authorise payment and appropria tion of certain sums from and out of the Consolidated Fund of the S tate for the services during the Financial Years of 2008-2009 and 2009-2010 It is enact ed by the Legislative Assembly of Mizoram in the Sixty Four th Year of the Republic of India as follows :- Short title1. This Act may be called the Mizoram Appropriation (No. 1) Act, 2013. Issue of^ 31,04,18,000/-2. From and out of the Consolidated Fund of the State of Mizoram, there only out of the Contingentmay be paid and applied the sums not exceeding those as specified in Fund of the State of Mizoramcolumn (5) of the Schedule to this Act, amounting, in the aggregate, to for the Financial Yearsthe sum ofRupees thirty one crore four lakh eighteen thousand only for 2008-2009 and 2009-2010.regularization of excess payments made during the financial years 2008- 2009 and 2009-2010 in respect of the services specified in column (2) of t he Schedule. Appropriation3. The sums authorized for regularizing the excess expenditure from and out of the Consolidated Fund of the St ate of Mizoram by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said per iod. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 2.5.2013 Vaisakha 12, S.E. 1935, Issue No. 214RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page - 2 - Ex-214/2013 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/5002009-2010 THE SCHEDULE (See Section 2 and 3) (^ in lakh) 12345 CAPITAL 29. Social Welfare36.1636.16 33. Soil and Water Conservation55.0055.00 Total of Capital91.1691.16 GRAND TOTAL91.1691.16 Demand No.SERVICE AND PURPOSESSUMS NOT EXCEEDING Voted by the Legislative AssemblyCharged on the Consolidated FundTotal2008-2009 THE SCHEDULE (See Section 2 and 3) (^ in lakh) 12345 REVENUE 2. Governor0.320.32 8. Taxation7.577.57 9Finance1967.321967.32 20. School Education628.81628.81 30. Disaster Management and Rehabilitation409.00409.00 Total of Revenue3012.700.323013.02 GRAND TOTAL3012.700.323013.02 Demand No.SERVICE AND PURPOSESSUMS NOT EXCEEDING Voted by the Legislative AssemblyCharged on the Consolidated FundTotalSecretary, Law & Judicial Department, Govt. of Mizoram.
NOTIFICATION No. H. 12018/83/2013-LJD, the 26th April, 2013. The following Act of the Mizoram Legislative Assembly, which received the assent of the Governor of Mizoram is hereby published for general information. The Mizoram Appropriation (No. 1) Act, 2013 (Act No. 1 of 2013). { Received the assent of t he Governor of Mizora m on the 20th March, 2013} AN ACT to authorise payment and appropria tion of certain sums from and out of the Consolidated Fund of the S tate for the services during the Financial Years of 2008-2009 and 2009-2010 It is enact ed by the Legislative Assembly of Mizoram in the Sixty Four th Year of the Republic of India as follows :- Short title1. This Act may be called the Mizoram Appropriation (No. 1) Act, 2013. Issue of^ 31,04,18,000/-2. From and out of the Consolidated Fund of the State of Mizoram, there only out of the Contingentmay be paid and applied the sums not exceeding those as specified in Fund of the State of Mizoramcolumn (5) of the Schedule to this Act, amounting, in the aggregate, to for the Financial Yearsthe sum ofRupees thirty one crore four lakh eighteen thousand only for 2008-2009 and 2009-2010.regularization of excess payments made during the financial years 2008- 2009 and 2009-2010 in respect of the services specified in column (2) of t he Schedule. Appropriation3. The sums authorized for regularizing the excess expenditure from and out of the Consolidated Fund of the St ate of Mizoram by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said per iod. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Thursday 2.5.2013 Vaisakha 12, S.E. 1935, Issue No. 214RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page - 2 - Ex-214/2013 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/5002009-2010 THE SCHEDULE (See Section 2 and 3) (^ in lakh) 12345 CAPITAL 29. Social Welfare36.1636.16 33. Soil and Water Conservation55.0055.00 Total of Capital91.1691.16 GRAND TOTAL91.1691.16 Demand No.SERVICE AND PURPOSESSUMS NOT EXCEEDING Voted by the Legislative AssemblyCharged on the Consolidated FundTotal2008-2009 THE SCHEDULE (See Section 2 and 3) (^ in lakh) 12345 REVENUE 2. Governor0.320.32 8. Taxation7.577.57 9Finance1967.321967.32 20. School Education628.81628.81 30. Disaster Management and Rehabilitation409.00409.00 Total of Revenue3012.700.323013.02 GRAND TOTAL3012.700.323013.02 Demand No.SERVICE AND PURPOSESSUMS NOT EXCEEDING Voted by the Legislative AssemblyCharged on the Consolidated FundTotalSecretary, Law & Judicial Department, Govt. of Mizoram.The Mizoram Industries Department (Group ‘B’ post) Recruitment (Amendment) Rules, 2013.
NOTIFICATION No. A. 12018/44/2004-P&AR(GSW), the 25th April, 2013. In exercise of the powers conferred by the proviso to Article 309 of t he Constitution of India, the Governor of Mizoram is pleased to make the following R ules fur ther to amend the Mizoram Industries Department (G roup ‘B’ post) Recruit ment Rules, 1992 notified vide No. A. 12018/16/80-APT(B) dated 8.5.1992 and published in the Mizoram Gazette Vol. XXI Extra Or dinary Issue No. 82 da ted 11.5.1992 in respect of Assistant Technical Officer under Industries Depa rtment, namely :- Short title and(1) These Rules may be called the Mizoram Industr ies Department (Group ‘B’ commencement :-post) Recruitment (Amendment) Rules, 2013. (2) They shall come into force from the date of their publication in the Official Gazette. Amendment ofIn t he Annexure-I of the Principal Rules for the entr ies in columns 4, 12, and Annexure-I :-14, the following entries shall be substituted, namely :- “Column 4 -PB-2, ^ 9300-34800 + GP ^ 4600 Column 12 -Promotion from Instructor (Wood Machinist/Black smithy/ Impr oved tools/Carpentry Expert) and Mechanic-I with 5(five) yea rs regu la r ser vice in the gr ade. Column 14 -(1) Circumstances in which MPSC is to be consulted in making recruitment. (2) As per MPSC (Limitation of Functions) Regulations, 1994 and as amended from time to time.” By order s, etc. Joint Secretary to the Govt. of Mizoram, Dept t. of P ersonnel & Adve. Reforms. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Wednesday 1.5.2013 Vaisakha 11, S.E. 1935, Issue No. 213RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
NOTIFICATION No. A. 12018/44/2004-P&AR(GSW), the 25th April, 2013. In exercise of the powers conferred by the proviso to Article 309 of t he Constitution of India, the Governor of Mizoram is pleased to make the following R ules fur ther to amend the Mizoram Industries Department (G roup ‘B’ post) Recruit ment Rules, 1992 notified vide No. A. 12018/16/80-APT(B) dated 8.5.1992 and published in the Mizoram Gazette Vol. XXI Extra Or dinary Issue No. 82 da ted 11.5.1992 in respect of Assistant Technical Officer under Industries Depa rtment, namely :- Short title and(1) These Rules may be called the Mizoram Industr ies Department (Group ‘B’ commencement :-post) Recruitment (Amendment) Rules, 2013. (2) They shall come into force from the date of their publication in the Official Gazette. Amendment ofIn t he Annexure-I of the Principal Rules for the entr ies in columns 4, 12, and Annexure-I :-14, the following entries shall be substituted, namely :- “Column 4 -PB-2, ^ 9300-34800 + GP ^ 4600 Column 12 -Promotion from Instructor (Wood Machinist/Black smithy/ Impr oved tools/Carpentry Expert) and Mechanic-I with 5(five) yea rs regu la r ser vice in the gr ade. Column 14 -(1) Circumstances in which MPSC is to be consulted in making recruitment. (2) As per MPSC (Limitation of Functions) Regulations, 1994 and as amended from time to time.” By order s, etc. Joint Secretary to the Govt. of Mizoram, Dept t. of P ersonnel & Adve. Reforms. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Wednesday 1.5.2013 Vaisakha 11, S.E. 1935, Issue No. 213RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Mizoram Industries Department (Group ‘A’ post) Recruitment (Amendment) Rules, 2013.
NOTIFICATION No. A. 12018/44/2004-P&AR(GSW), the 25th April, 2013. In exercise of the powers conferred by the proviso to Article 309 of t he Constitution of India, the Governor of Mizoram is pleased to make the following R ules fur ther to amend the Mizoram Industries Department (G roup ‘B’ post) Recruit ment Rules, 1989 notified vide No. A. 12018/16/80-APT(B) dated 20.1.1989 and published in the Mizoram Gazette Vol. XVIII Extra Ordinar y Issue No. 3(0 ) dated 20.1.1989 in r espect of Project Foreman (RID C) namely :- Short title and(1) These Rules may be called the Mizoram Industries Department (Group ‘A’ commencement :-post) Recruitment (Amendment) Rules, 2013. (2) They shall come into force from the date of their publication in the Official Gazette. Amendment ofUnder Rule 7 of the Principal Rules ‘Powers to relax’ the word “in consultation Principal Rules :with Mizoram Selection Board” shall be substituted by the word “in consultation with Mizoram Public Service Commission through the Department of Personnel & Administrative Reforms”. Amendment ofIn the Annexure-I of the Principa l Rules for the entr ies in columns 3 to 12, the Annexure-I :-following entries shall be substituted, namely :- “Column 3 -Group ‘A’ (Gazette) Column 4 -PB-3, ^ 15600-39100 + GP ^ 5400 Column 7 -Not Applicable Column 8 -Not Applicable Column 10 -Not Applicable Column 11 -100% promotion Column 12 -Promotion fr om Assistant Technical Officer with 5(five) yea r s regular service in the Gra de”. By order s, etc. Joint Secretary to the Govt. of Mizoram, Dept t. of P ersonnel & Adve. Reforms. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Wednesday 1.5.2013 Vaisakha 11, S.E. 1935, Issue No. 212RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
NOTIFICATION No. A. 12018/44/2004-P&AR(GSW), the 25th April, 2013. In exercise of the powers conferred by the proviso to Article 309 of t he Constitution of India, the Governor of Mizoram is pleased to make the following R ules fur ther to amend the Mizoram Industries Department (G roup ‘B’ post) Recruit ment Rules, 1989 notified vide No. A. 12018/16/80-APT(B) dated 20.1.1989 and published in the Mizoram Gazette Vol. XVIII Extra Ordinar y Issue No. 3(0 ) dated 20.1.1989 in r espect of Project Foreman (RID C) namely :- Short title and(1) These Rules may be called the Mizoram Industries Department (Group ‘A’ commencement :-post) Recruitment (Amendment) Rules, 2013. (2) They shall come into force from the date of their publication in the Official Gazette. Amendment ofUnder Rule 7 of the Principal Rules ‘Powers to relax’ the word “in consultation Principal Rules :with Mizoram Selection Board” shall be substituted by the word “in consultation with Mizoram Public Service Commission through the Department of Personnel & Administrative Reforms”. Amendment ofIn the Annexure-I of the Principa l Rules for the entr ies in columns 3 to 12, the Annexure-I :-following entries shall be substituted, namely :- “Column 3 -Group ‘A’ (Gazette) Column 4 -PB-3, ^ 15600-39100 + GP ^ 5400 Column 7 -Not Applicable Column 8 -Not Applicable Column 10 -Not Applicable Column 11 -100% promotion Column 12 -Promotion fr om Assistant Technical Officer with 5(five) yea r s regular service in the Gra de”. By order s, etc. Joint Secretary to the Govt. of Mizoram, Dept t. of P ersonnel & Adve. Reforms. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Wednesday 1.5.2013 Vaisakha 11, S.E. 1935, Issue No. 212RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Acquisition of Land for construction of FCI Godown at Bairabi.
NOTIFICATION No. K. 12011/42/2012-REV, the 29th April, 2013. Whereas by the Government Notifica tion No. K. 12011/42/2012-REV dt. 21.9.2012 published in the official Gazette and two daily newspapers, it was notified under section 4 of the Land Acquisition Act, 1894 (Centr al) Act 1 of 1894 (hereinafter referr ed to as the “said Act”) that the land specified in the schedule appended t o the said Not ification was likely t o be needed for the pur pose na mely - Acquisit ion of Land for construction of FCI Godown at Bair abi. 2.Now, therefore, the Government declares under section 6 of the said Act that the said land is required for the public purpose specified above and as per scheduled indicated below. 3.The Government now appoints the Deputy Commissioner, Kolasib under clause (C) of s ection 3 of the said Act to perform the funct ions of a Collector for all p roceedings hereinafter to be taken in respect of the said land and directs him under section 7 of the said Act to take order for the acquisition of the said land. 4.The Collect or shall there upon ca use the land to be measured and make a plan of the same under Section 8 of the sa id Act if not already done as per section 4 of the said Act, and dispose of all object ions and claims after ca using a public notice for not less than 15 days to the persons int erested stating the Government’s intention of taking over the possession of the sa id land as per section 9 of t he said Act. T hen, the Collect or shall submit a Dra ft Awar d to the Government of Mizora m after fulfilling the provisions under section 11 of the said Act read with Mizoram Land Acquisition Rules, 2010. 5.A plan of t he same can be inspected at the Office of t he Deputy Commissioner, Kola sib till the final awar d is made under section 11 of the said Act. SCHEDULEDISTRICT : KOLASIBDescr iption of landStatus of Pass & No. Appr oximate Area/length. Land belonging to :- 1) Pi RokhawliV.C. Pass4.82 ha. 2) Pu C. NgaizualaV.C. Pass5.12 ha. R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment . The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Wednesday 1.5.2013 Vaisakha 11, S.E. 1935, Issue No. 211RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
NOTIFICATION No. K. 12011/42/2012-REV, the 29th April, 2013. Whereas by the Government Notifica tion No. K. 12011/42/2012-REV dt. 21.9.2012 published in the official Gazette and two daily newspapers, it was notified under section 4 of the Land Acquisition Act, 1894 (Centr al) Act 1 of 1894 (hereinafter referr ed to as the “said Act”) that the land specified in the schedule appended t o the said Not ification was likely t o be needed for the pur pose na mely - Acquisit ion of Land for construction of FCI Godown at Bair abi. 2.Now, therefore, the Government declares under section 6 of the said Act that the said land is required for the public purpose specified above and as per scheduled indicated below. 3.The Government now appoints the Deputy Commissioner, Kolasib under clause (C) of s ection 3 of the said Act to perform the funct ions of a Collector for all p roceedings hereinafter to be taken in respect of the said land and directs him under section 7 of the said Act to take order for the acquisition of the said land. 4.The Collect or shall there upon ca use the land to be measured and make a plan of the same under Section 8 of the sa id Act if not already done as per section 4 of the said Act, and dispose of all object ions and claims after ca using a public notice for not less than 15 days to the persons int erested stating the Government’s intention of taking over the possession of the sa id land as per section 9 of t he said Act. T hen, the Collect or shall submit a Dra ft Awar d to the Government of Mizora m after fulfilling the provisions under section 11 of the said Act read with Mizoram Land Acquisition Rules, 2010. 5.A plan of t he same can be inspected at the Office of t he Deputy Commissioner, Kola sib till the final awar d is made under section 11 of the said Act. SCHEDULEDISTRICT : KOLASIBDescr iption of landStatus of Pass & No. Appr oximate Area/length. Land belonging to :- 1) Pi RokhawliV.C. Pass4.82 ha. 2) Pu C. NgaizualaV.C. Pass5.12 ha. R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment . The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Wednesday 1.5.2013 Vaisakha 11, S.E. 1935, Issue No. 211RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Committee for District Integrated Child Protection Scheme
NOTIFICATION No. B. 12017/31/10-SWD/pt, the 29th April, 2013.The Governor of Mizoram is pleased to cons titute Sponsor ship and Foster Care Approval Commit tee for each Districts to implement and monitor its programme under Integrated Child Protection Scheme as below :- 1.AIZAWL DISTRICT1.Distr ict Child Protection Officer- Chairperson 2.Protection Officer (Non-Institutional Care)- Member 3.One Member from Child Welfa re Committee- Member 4.One Representative from Specialized Adoption Agency - Member 5.President, Mizoram Home Associa tion- Member 2.LUNGLEI DIST RICT1.Distr ict Child Protection Officer- Chairperson 2.Protection Officer (Non-Institutional Care)- Member 3.Cha irperson, Child Welfar e C ommittee- Member 4.Secr etary, M HIP Lunglei Sub-Headquar ters- Member 3.MAMIT DISTRICT1.Distr ict Child Protection Officer- Chairperson 2.Protection Officer (Non-Institutional Care)- Member 3.Cha irperson, Child Welfar e C ommittee- Member 4.Secr etary, M HIP Mamit Sub-Headquar ters- Member 4.SAIHA DISTRICT1.Distr ict Child Protection Officer- Chairperson 2.Protection Officer (Non-Institutional Care)- Member 3.Cha irperson, Child Welfar e C ommittee- Member 4.President, MChP, S aiha- Member 5.SERCHHIP DISTRICT1.Distr ict Child Protection Officer- Chairperson 2.Protection Officer (Non-Institutional Care)- Member 3.Cha irperson, Child Welfar e C ommittee- Member 4.Secr etary, MHIP Serchhip Sub-Headquar ters- Member The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Wednesday 1.5.2013 Vaisakha 11, S.E. 1935, Issue No. 210RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page - 2 - Ex-210/2013 6.CHAMPHAI DISTRICT1.Distr ict Child Protection Officer- Chairperson 2.Protection Officer (Non-Institutional Care)- Member 3.Cha irperson, Child Welfar e C ommittee- Member 4.Secretary, MHIP Champhai Sub-Headquarters- Member 7.KOLASIB DISTRICT1.Distr ict Child Protection Officer- Chairperson 2.Protection Officer (Non-Institutional Care)- Member 3.Cha irperson, Child Welfar e C ommittee- Member 4.Secr etary, M HIP Kola sib Sub-Headquar ters- Member 8.LAWNGTLAI DISTRICT1.Distr ict Child Protection Officer- Chairperson 2.Protection Officer (Non-Institutional Care)- Member 3.Cha irperson, Child Welfar e C ommittee- Member 4.One Representative from Specialis ed Adoption Agency - Member 5.President, Lai Women Associa tion- Member The Committee will carry out the following tasks : i)Prevent child dest itution and offers holistic child protection. ii)Provide conditional assista nce to ensure that the child continues his/her education. iii)Support and supervise financial assistance to families and group foster homes. iv)Offer child care within the family sett ing. v)Preserve families and encourages parents to fulfill their responsibilities. Ranbir Singh, Commissioner/Secreta ry to the Govt. of Mizoram, Socia l Welfar e Depart ment. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
NOTIFICATION No. B. 12017/31/10-SWD/pt, the 29th April, 2013.The Governor of Mizoram is pleased to cons titute Sponsor ship and Foster Care Approval Commit tee for each Districts to implement and monitor its programme under Integrated Child Protection Scheme as below :- 1.AIZAWL DISTRICT1.Distr ict Child Protection Officer- Chairperson 2.Protection Officer (Non-Institutional Care)- Member 3.One Member from Child Welfa re Committee- Member 4.One Representative from Specialized Adoption Agency - Member 5.President, Mizoram Home Associa tion- Member 2.LUNGLEI DIST RICT1.Distr ict Child Protection Officer- Chairperson 2.Protection Officer (Non-Institutional Care)- Member 3.Cha irperson, Child Welfar e C ommittee- Member 4.Secr etary, M HIP Lunglei Sub-Headquar ters- Member 3.MAMIT DISTRICT1.Distr ict Child Protection Officer- Chairperson 2.Protection Officer (Non-Institutional Care)- Member 3.Cha irperson, Child Welfar e C ommittee- Member 4.Secr etary, M HIP Mamit Sub-Headquar ters- Member 4.SAIHA DISTRICT1.Distr ict Child Protection Officer- Chairperson 2.Protection Officer (Non-Institutional Care)- Member 3.Cha irperson, Child Welfar e C ommittee- Member 4.President, MChP, S aiha- Member 5.SERCHHIP DISTRICT1.Distr ict Child Protection Officer- Chairperson 2.Protection Officer (Non-Institutional Care)- Member 3.Cha irperson, Child Welfar e C ommittee- Member 4.Secr etary, MHIP Serchhip Sub-Headquar ters- Member The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Wednesday 1.5.2013 Vaisakha 11, S.E. 1935, Issue No. 210RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page - 2 - Ex-210/2013 6.CHAMPHAI DISTRICT1.Distr ict Child Protection Officer- Chairperson 2.Protection Officer (Non-Institutional Care)- Member 3.Cha irperson, Child Welfar e C ommittee- Member 4.Secretary, MHIP Champhai Sub-Headquarters- Member 7.KOLASIB DISTRICT1.Distr ict Child Protection Officer- Chairperson 2.Protection Officer (Non-Institutional Care)- Member 3.Cha irperson, Child Welfar e C ommittee- Member 4.Secr etary, M HIP Kola sib Sub-Headquar ters- Member 8.LAWNGTLAI DISTRICT1.Distr ict Child Protection Officer- Chairperson 2.Protection Officer (Non-Institutional Care)- Member 3.Cha irperson, Child Welfar e C ommittee- Member 4.One Representative from Specialis ed Adoption Agency - Member 5.President, Lai Women Associa tion- Member The Committee will carry out the following tasks : i)Prevent child dest itution and offers holistic child protection. ii)Provide conditional assista nce to ensure that the child continues his/her education. iii)Support and supervise financial assistance to families and group foster homes. iv)Offer child care within the family sett ing. v)Preserve families and encourages parents to fulfill their responsibilities. Ranbir Singh, Commissioner/Secreta ry to the Govt. of Mizoram, Socia l Welfar e Depart ment. Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500State Level Co-ordination-cum-Monitoring Committee (SLCMC) under School Education Department
NOTIFICATION No. B. 18013/1/09-EDN/Pt, the 20th May, 2013. T he Governor of Mizoram is pleased to constit ute State Level Co-ordination-cum-Monitoring Committee (S LCMC) for the smooth implementation of Teacher Education Programme in the State under School Education Department comprising of the following members :- 1.Commissioner/Secretary, School Education Department-Chairman 2.Director, SCERT-Member Secretary 3.Director, Higher & Technical Educa tion-Member 4.Director, School Education-Member 5.Jt. Director, SCERT (TE)-Member 6.Head of Depa rtment, Department of Education, MZU-Member 7.Principal, IASE-Member 8.Principal, DIET, Aizawl-Member 9.Principal DIET, Lunglei-Member 10.Principal, DIET, Saiha-Member 11.State Project Director, RMSA-Member 12.State Project Director, SSA-Member 13.Principal, Govt. Mizo HSS-Member 14.Chairman, MBSE-Member 15.Headmaster, DIET Practising School-Member 16.Headmaster, P.C. Girls School-Member Terms of references :-1.The SLCMC shall meet at least twice a year. 2.The term of the Committee will be 3 (three) years. 3.The Committee shall monitor the performance of the TE’s in the light of the performance indica tors referred to at Annexure-XIV of Guidelines, June 2012. K. Lal Nghinglova, Commissioner/Secreta ry to the Govt. of Mizoram, School Education Department. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Wednesday 22.5.2013 Jyaist ha 1, S.E. 1935, Issue No. 251RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
NOTIFICATION No. B. 18013/1/09-EDN/Pt, the 20th May, 2013. T he Governor of Mizoram is pleased to constit ute State Level Co-ordination-cum-Monitoring Committee (S LCMC) for the smooth implementation of Teacher Education Programme in the State under School Education Department comprising of the following members :- 1.Commissioner/Secretary, School Education Department-Chairman 2.Director, SCERT-Member Secretary 3.Director, Higher & Technical Educa tion-Member 4.Director, School Education-Member 5.Jt. Director, SCERT (TE)-Member 6.Head of Depa rtment, Department of Education, MZU-Member 7.Principal, IASE-Member 8.Principal, DIET, Aizawl-Member 9.Principal DIET, Lunglei-Member 10.Principal, DIET, Saiha-Member 11.State Project Director, RMSA-Member 12.State Project Director, SSA-Member 13.Principal, Govt. Mizo HSS-Member 14.Chairman, MBSE-Member 15.Headmaster, DIET Practising School-Member 16.Headmaster, P.C. Girls School-Member Terms of references :-1.The SLCMC shall meet at least twice a year. 2.The term of the Committee will be 3 (three) years. 3.The Committee shall monitor the performance of the TE’s in the light of the performance indica tors referred to at Annexure-XIV of Guidelines, June 2012. K. Lal Nghinglova, Commissioner/Secreta ry to the Govt. of Mizoram, School Education Department. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Wednesday 22.5.2013 Jyaist ha 1, S.E. 1935, Issue No. 251RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Installation of Food Testing Laboratory at Thenzawl
NOTIFICATION No. F. 12017/16/2011-TC, the 26th April, 2013.The Governor of Mizoram is please to constitute a Committee consisting of t he following members who were require to present at the time of opening tender for supply and installation of Food Testing Laboratory at Thenzawl to examine the Technical Bid. 1.Pu P.C. Lallawmsanga, Principal Secretary,-Chairman Tr ade & Commerce Department. 2.Dr. C. Lalzirliana, Director,-Member Secretary Tr ade & Commerce Department. 3.Pu Lalsawma, Dy. Drugs C ontroller,-Member Directorate of Health Services. 4.Dr. Lallenmawia, Head of Department,-Member Deptt. of Pharmacy, RIPANS. P.C. Lallawmsanga, Principal S ecretar y to the Govt. of Mizoram, Tr ade & Commerce Department. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Wednesday 1.5.2013 Vaisakha 11, S.E. 1935, Issue No. 209RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
NOTIFICATION No. F. 12017/16/2011-TC, the 26th April, 2013.The Governor of Mizoram is please to constitute a Committee consisting of t he following members who were require to present at the time of opening tender for supply and installation of Food Testing Laboratory at Thenzawl to examine the Technical Bid. 1.Pu P.C. Lallawmsanga, Principal Secretary,-Chairman Tr ade & Commerce Department. 2.Dr. C. Lalzirliana, Director,-Member Secretary Tr ade & Commerce Department. 3.Pu Lalsawma, Dy. Drugs C ontroller,-Member Directorate of Health Services. 4.Dr. Lallenmawia, Head of Department,-Member Deptt. of Pharmacy, RIPANS. P.C. Lallawmsanga, Principal S ecretar y to the Govt. of Mizoram, Tr ade & Commerce Department. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Wednesday 1.5.2013 Vaisakha 11, S.E. 1935, Issue No. 209RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Acquisition of land for upgradation of KDZKT road from Tuilutkawn to Damcherra.
NOTIFICATION No. K. 12011/57/13-REV, the 26th April, 2013.Whereas it appears to the appropriate Government (Hereinafter referr ed to a s the Government of Mizoram) that the land specified in the schedule there-to (her einafter referr ed to a s the “said land”) is likely to be needed for public purpose viz., Acquisition of land for upgrada tion of KDZKT r oad from Tuilu tkawn to Damcherra. 1.Now, therefore, the Government hereby notifies under sub-section (i) of section 4 of the Land Acquisition Act, 1894 (Central Act of 1894) hereinafter referred to as the said Act that the said la nd is likely to b e needed for the purpose specified ab ove. 2.Any person interested in any land being notified may submit his/her objection to the acquisition in writing to the Deputy Commissioner/Collector, Mamit District, within a period of 30 da ys from the date of publication of this Notification in the Mizoram Gazette, who will dispose of the objection and claims as per provision of section 5-A of the Land Acquisition Act, 1894. 3.All persons interested in the said land are hereby warned not to obstruct or interfere with any Surveyor or other persons employed upon the sa id land for the purpose of the said acquisition. Any cont ract for the disposal of the sa id land by sale, lease, mortga ge, assignment exchange of the status of Pass or otherwise or any outlay commenced or improvement made therein without the sanction of the Collector will, under clause (seventh) of section 24 of the said Act, be disregarded while assessing compensation for such parts of the sa id land as may be finally acquired. SCHEDULEDISTRICT : MAMITDescr iption of landApp roximate Area Portions of private land a nd buildings a long90 kms. KDZKT road from Tuilutkawn to Damcherra R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment . The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Wednesday 1.5.2013 Vaisakha 11, S.E. 1935, Issue No. 208RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
NOTIFICATION No. K. 12011/57/13-REV, the 26th April, 2013.Whereas it appears to the appropriate Government (Hereinafter referr ed to a s the Government of Mizoram) that the land specified in the schedule there-to (her einafter referr ed to a s the “said land”) is likely to be needed for public purpose viz., Acquisition of land for upgrada tion of KDZKT r oad from Tuilu tkawn to Damcherra. 1.Now, therefore, the Government hereby notifies under sub-section (i) of section 4 of the Land Acquisition Act, 1894 (Central Act of 1894) hereinafter referred to as the said Act that the said la nd is likely to b e needed for the purpose specified ab ove. 2.Any person interested in any land being notified may submit his/her objection to the acquisition in writing to the Deputy Commissioner/Collector, Mamit District, within a period of 30 da ys from the date of publication of this Notification in the Mizoram Gazette, who will dispose of the objection and claims as per provision of section 5-A of the Land Acquisition Act, 1894. 3.All persons interested in the said land are hereby warned not to obstruct or interfere with any Surveyor or other persons employed upon the sa id land for the purpose of the said acquisition. Any cont ract for the disposal of the sa id land by sale, lease, mortga ge, assignment exchange of the status of Pass or otherwise or any outlay commenced or improvement made therein without the sanction of the Collector will, under clause (seventh) of section 24 of the said Act, be disregarded while assessing compensation for such parts of the sa id land as may be finally acquired. SCHEDULEDISTRICT : MAMITDescr iption of landApp roximate Area Portions of private land a nd buildings a long90 kms. KDZKT road from Tuilutkawn to Damcherra R.L. Rinawma, Principal S ecretar y to the Govt. of Mizoram, R evenu e Dep ar t ment . The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Wednesday 1.5.2013 Vaisakha 11, S.E. 1935, Issue No. 208RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Chairmanship of State Nodal Officer, Mid-Day-Meal, School Education Department
NOTIFICATION No. F. 20011/1/2013-EDN, the 22nd April, 2013.The Governor of Mizoram is pleased to constitute Convergence Committee under the Chairma nship of State Nodal Officer, Mid-Day-Meal, School Educa tion Depa rtment for effective convergence between School Educa tion and Health Department. The committee will consist of the following members :- 1.Pu B. Lalchhuanliana, State Nodal Officer (MDM)-Chairman Dte. of School Educa tion 2.Pu Zaithankima Miller, Deputy SPD (SSA)-Member Secretary 3.State Programme Officer (RCH) H&FW Deptt.-Member 4.Programme Officer, S chool Health Pr ogramme, H&FW Deptt. -- do - 5.Coor dinator, School Healt h Programme, H&FW Deptt.-- do - 6.Pu Lalsailova, Dy. DPC, SSA, Aizawl District-- do - 7.Pu H. Lalnunzuala, Dy. Nodal Officer (MDM),-- do - Dte. of School Educa tion K. Sangthuama, Under Secretary to the Govt. of Mizoram. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Friday 26.4.2013 Vaisakha 6, S.E. 1935, Issue No. 207RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
NOTIFICATION No. F. 20011/1/2013-EDN, the 22nd April, 2013.The Governor of Mizoram is pleased to constitute Convergence Committee under the Chairma nship of State Nodal Officer, Mid-Day-Meal, School Educa tion Depa rtment for effective convergence between School Educa tion and Health Department. The committee will consist of the following members :- 1.Pu B. Lalchhuanliana, State Nodal Officer (MDM)-Chairman Dte. of School Educa tion 2.Pu Zaithankima Miller, Deputy SPD (SSA)-Member Secretary 3.State Programme Officer (RCH) H&FW Deptt.-Member 4.Programme Officer, S chool Health Pr ogramme, H&FW Deptt. -- do - 5.Coor dinator, School Healt h Programme, H&FW Deptt.-- do - 6.Pu Lalsailova, Dy. DPC, SSA, Aizawl District-- do - 7.Pu H. Lalnunzuala, Dy. Nodal Officer (MDM),-- do - Dte. of School Educa tion K. Sangthuama, Under Secretary to the Govt. of Mizoram. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Friday 26.4.2013 Vaisakha 6, S.E. 1935, Issue No. 207RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500Central Young Mizo Association as a member of State Water Resources Management Committee.
NOTIFICATION No. F. 16013/1/2012-PHE, the 19th April, 2013.In continuation of notification of even no. dt. 28.2.2013, the Governor of Mizoram is pleased to include the General Secretary, Centra l Young Mizo Association as a member in the working group committee of State Water Resour ces Management Committee. C. Chawnghnuna, Joint Secretary (T ) to the Govt. of Mizoram, Public Health Engineering Department. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Friday 26.4.2013 Vaisakha 6, S.E. 1935, Issue No. 206RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500
NOTIFICATION No. F. 16013/1/2012-PHE, the 19th April, 2013.In continuation of notification of even no. dt. 28.2.2013, the Governor of Mizoram is pleased to include the General Secretary, Centra l Young Mizo Association as a member in the working group committee of State Water Resour ces Management Committee. C. Chawnghnuna, Joint Secretary (T ) to the Govt. of Mizoram, Public Health Engineering Department. The Mizoram Gazette EXTRA ORDINARY Published by AuthorityVOL - XLII Aizawl, Friday 26.4.2013 Vaisakha 6, S.E. 1935, Issue No. 206RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008Re. 1/- per page Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/500