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State of Mizoram - Act

Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016

MIZORAM
India

Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016

Act 5 of 2016

Published on 22 April 2016
Commenced on 22 April 2016
[This is the version of this document from 22 April 2016.]
[Note: The original publication document is not available and this content could not be verified.]

Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016(Act No. 5 of 2016)Last Updated 12th February, 2020(Received the assent of the Governor of Mizoram on the 22nd April, 2016)An Act to ensure a humane, participative, informed and transparent process for land acquisition for industrialization, development of essential infrastructural facilities and urbanization with the least disturbance to the owners of the land and other affected families and provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition and make adequate provisions for such affected persons for their rehabilitation and resettlement and for ensuring that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their post-acquisition social and economic status and for matters connected therewith or incidental thereto.It is enacted by the Legislative Assembly of the State of Mizoram in the Sixty-Seventh year of the Republic of India, under the protection guaranteed under the provisions of Article 371G of the Constitution of India, since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Government of India Act No. 30 of 2013) has not been adopted by the Legislative Assembly of the State of Mizoram.

Chapter 1
Preliminary

1. Short title, extent and commencement.

(1)This Act may be called the Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016.

(2)It extends to the whole State of Mizoram.

(3)It shall come into force from the date of its publication in the official Gazette.

2. Definitions.

- In this Act, unless the context otherwise requires, -

(a)"Administrator" means an officer appointed for the purpose of rehabilitation and resettlement of affected families under sub-section (1) of Section 41;

(b)"affected area" means such area as may be notified by the Government for the purposes of land acquisition;

(c)"affected family" includes -

(i)a family whose land or other immovable property has been acquired;

(ii)a member of the family who has been assigned land by the State Government under any of its schemes and such land is under acquisition;

(iii)a family residing without any illegality on any land in the concerned areas for preceding three years or more prior to the acquisition of the land or whose primary source of livelihood for three years prior to the acquisition of the land is to a reasonable extent, directly and substantially affected by the acquisition of such land;

(d)"agricultural land" means land used for the purpose of -

(i)agriculture or horticulture;

(ii)dairy farming, poultry farming, pisciculture, sericulture, seed farming, breeding of livestock or nursery growing medicinal herbs;

(iii)raising of crops, trees, grass or garden produce.

(e)"Authority" means the Land Acquisition and Rehabilitation and Resettlement Authority established under Section 47;

(f)"Collector" means the Collector of a revenue district, and includes a Deputy Commissioner and any officer specially designated by the Government to perform the functions of a Collector under this Act;

(g)"Commissioner" means the Commissioner for Rehabilitation and Resettlement appointed under sub - section (1) of Section 42;

(h)"cost of acquisition" includes -

(i)amount of compensation which includes solatium, any enhanced compensation ordered by the Land Acquisition and Rehabilitation and Resettlement Authority or the Court and interest payable thereon and any other amount determined as payable to the affected families by such authority or Court according to the nature of the acquisition;

(A)for acquisition of land including both in the project site and out of project area of lands, not exceeding such percentage of the cost of compensation as may be prescribed by the Government;

(B)for rehabilitation and resettlement of the owners of the land and other affected families whose land has been acquired or proposed to be acquired or other families affected by such acquisition according to the nature of such acquisition;

(vii)cost of undertaking 'Social Impact Assessment study';

(ii)amount to be paid for damages caused to the land and standing crops in the process of acquisition;

(iii)cost of acquisition of land and building for settlement of displaced or adversely affected families;

(iv)cost of development of infrastructure and amenities at the resettlement areas;

(v)cost of rehabilitation and resettlement as determined in accordance with the provisions of this Act;

(vi)administrative cost -

(i)"company" means -

(i)a company as defined in Section 3 of the Companies Act, 2013, other than a Government company;

(ii)a society registered under the Mizoram Societies registration Act, 2005 (13 of 2005) or under any corresponding law for the time being in force in the State;

(j)"Deputy Collector" means an officer not below the rank of Sub-Divisional Officer (Civil);

(k)"displaced family" means any family, who does not possess any other suitable land for settlement on account of acquisition of land and who has to be relocated and resettled from the affected area to the resettlement area;

(l)"entitled to act", in relation to a person, shall be deemed to include the following persons, namely :-

(i)trustees for other persons beneficially interested with reference to any such case, and that to the same extent as the person beneficially interested could have acted if free from disability;

(ii)the guardians of minors and the committees or managers of lunatics to the same extent as the minors, lunatics or other persons of unsound mind themselves, if free from disability could have acted;

Provided that the provisions of Order XXXII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Authority by a next friend, or by a guardian for the case, in proceedings under this Act;

(m)"family" includes a person, his or her spouse, minor children, minor brothers and minor sisters dependent on him or her ;

Provided that widows, divorces and women deserted by families shall be considered separate families;Explanation. - An adult of either gender with or without spouse or children or dependents shall be considered as a separate family for the purposes of this Act.

(n)"Government" or 'State Government' means the State Government of Mizoram.

(o)"holding of land" means the total land held by a person as an owner, occupant or otherwise;

(p)"infrastructure project" shall include any one or more of the items specified in clause (b) of sub - section (1) of Section 3;

(q)"land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;

(r)"landless" means such persons or class of persons who may be,-

(i)considered or specified as such under any state law for the time being in force; or

(ii)in a case of landless not being specified under sub - clause (i), as may be specified by the Government;

(s)"land owner" includes any person, -

(i)whose name is recorded as the owner of the land or building or part thereof, in the records of the authority concerned; or

(ii)who is granted rights on the land under any law of the State including assigned lands; or

(iii)any person who has been declared as such by an order of the court or Authority;

(t)"local authority" includes a town planning authority (by whatever name called) set up under any law for the time being in force, a Village Council or Local Council, or Municipality as defined in Article 243P, of the Constitution of India;

(u)"market value" means the value of land determined in accordance with Section 26;

(v)"notification" means a notification published in the Gazette of Mizoram;

(w)"person interested" means -

(i)all persons listed at (a) & (b) below claiming an interest in compensation to be made on account of acquisition of land under this Act :-

(a)who are in possession of landed property under valid LSCs, House Pass, Shop Pass, Stall Pass, Periodic Patta and Land Lease issued by the Government under the Mizoram (Land Revenue) Acts, 2013 and the Rules made thereunder;

(b)who are in possession of house passes issued by the Village Council within the perimeter of the village which is not notified as 'town' or 'sub-town' or 'station area';

Explanation. - For the purpose of sub-clause (b), the perimeter of a village shall mean the area of human habitation surrounded by the safety reserve or by boundaries notified by the Government as the perimeter of that village, and only the House Pass issued within such village perimeter and its genuineness confirmed from the original records of the Village Council concerned shall be entertained.Provided that any persons who does not utilize the allotted lands for the purpose for which it was allotted for a period of 10 (ten) years shall not be treated as person interested.Provided further that in case of any doubt as to the validity of any claim, the decision of the Government shall be final.

(ii)a person interested in an easement affecting the land;

(iii)any person whose primary source of livelihood is likely to be adversely affected;

(x)"prescribed" means prescribed by rules made under this Act;

(y)"project" means a project for which land is being acquired, irrespective of the number of persons affected;

(z)"public purpose" means the activities specified under sub-section (1) of Section 3;

(za)"Requiring Body" means a company, a body corporate, an institution, or any other organisation or person for whom land is to be acquired by the Government, if the acquisition of land is for such Government either for its own use or for subsequent transfer of such land for public purpose to a company, body corporate, an institution, or any other organization, as the case may be, under lease, licence or through any other mode of transfer of land;

(zb)"Resettlement Area" means an area where the affected families who have been displaced as a result of land acquisition are resettled by the Government.

3. Application of Act.

(1)The provisions of this Act relating to land acquisition, compensation, rehabilitation and resettlement, shall apply, when the State Government acquires land for its own use, hold and control, including for Public Sector undertakings and for public purpose, and shall include the following purposes, namely :-

(a)for strategic purposes relating to military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to national security or defence of India or State police, safety of the people; or

(b)for infrastructure projects, which includes the following, namely :-

(i)projects involving agro-processing, supply of inputs to agriculture, warehousing, cold storage facilities, marketing infrastructure for agriculture and allied activities such as dairy, fisheries, and meat processing, set up or owned by the Government or partly owned by the Government or by a farmers' co-operative or by an institution set up under a statute;

(ii)project for industrial corridors or mining activities, national investment and manufacturing zones, as designated in the National Manufacturing Policy;

(iii)project for water harvesting and conservation structures and sanitation;

(iv)project for Government administered, Government aided educational and research schemes or institutions;

(v)project for sports, health care, tourism, transportation or space programme;

(vi)any infrastructure facility as may be notified in this regard by the State Government;

(c)project for project affected families;

(d)project for housing; for such income group, as may be specified from time to time by the Government;

(e)project for planned development or the improvement of village sites or any site in the urban areas or provision of land for residential purposes for the weaker sections in urban areas;

(f)project for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by the State Government, any local authority or a corporation owned or controlled by the State.

(2)The provisions of this Act relating to land acquisitions, consent, compensation, rehabilitation and resettlement, shall also apply, when the Government acquires land for the following purposes, namely:-

(a)for public private partnership projects, where the ownership of the land continues to vest with State Government, for public purpose as defined in sub-section (1);

(b)for private companies in the interest of the public;

Provided that in the case of acquisition for -

(i)private companies, the prior consent of at least eighty per cent of those affected families.

(ii)public private partnership projects, the prior consent of at least seventy percent of those affected families, shall be obtained through a process as may be prescribed by the Government:

Provided further that the process of obtaining the consent shall be carried out along with the Social Impact Assessment study referred to in Section 4:

(3)The provisions relating to rehabilitation and resettlement under this Act shall apply in the cases where, -

(a)a private company purchases land, equal to or more than such limits in rural areas or urban areas, as may be prescribed by the Government, through private negotiations with the owner of the land in accordance with the provisions of Section 44;

(b)a private company requests the Government for acquisition of a part of an area so prescribed for a public purpose:

Provided that where a private company requests the Government for partial acquisition of land for public purpose, then, the rehabilitation and resettlement entitlements under the Second Schedule shall be applicable for the entire area which includes the land purchased by the private company and acquired by the Government for the project as a whole.

Chapter II
Determination of Social Impact and Public Purpose

A - Preliminary Investigation For Determination of Social Impact and Public Purpose

4. Preparation of Social Impact Assessment Study.

(1)Whenever the government intends to acquire land for a public purpose, it shall consult the concerned Village Council or Local Council or Municipality as the case may be at Village level or Local Council level in the affected area and carry out a Social Impact Assessment Study in consultation with them, in such manner and from such date as may be specified by the Government by notification.

(2)The notification issued by the Government for commencement of consultation and of the Social Impact Assessment Study under sub-section (1) shall be made available in the local language to the Village Council or Local Council or Municipality, as the case may be, and in the offices of the District Collector, the Deputy Collector and the Block Development Officer, and shall be published in the affected areas, in such manner as may be prescribed and uploaded on the website of the Government:Provided that the Government shall ensure that adequate representation has been given to the representatives of Village Council or Local Council or Municipality as the case may be at the stage of carrying out the Social Impact Assessment Study:Provided further that the Government shall ensure the completion of the Social Impact Assessment Study within a period of six months from the date of its commencement.

(3)The Social Impact Assessment study report referred to in sub-section (1) shall be made available to the public in the manner prescribed under Section 6.

(4)The Social Impact Assessment study referred to in sub-section (1) shall amongst other matters include all the following, namely:-

(a)assessment as to whether the proposed acquisition serves public purpose;

(b)estimation of affected families and the number of families among them likely to be displaced;

(c)extent of lands, public and private, houses, settlements and other common properties likely to be affected by the proposed acquisition;

(d)whether the extent of land proposed for acquisition is the absolute bare - minimum extent needed for the project;

(e)whether land acquisition at an alternate place has been considered and found not feasible;

(f)study of social impacts of the project, and the nature and cost of addressing them and the impact of these costs on the overall costs of the project vis-á-vis the benefits of the project:

Provided that Environmental Impact Assessment study, if any, shall be carried out simultaneously and shall not be contingent upon the completion of the Social Impact Assessment study.

(5)While undertaking a Social Impact Assessment study under sub-section (1) the Government shall, among other things, take into consideration the impact that the project is likely to have on various components such as livelihood of affected families, public and community properties, assets and infrastructure particularly roads, public transport, drainage, sanitation, sources of drinking water, sources of water for cattle, community ponds, grazing land, plantations, public utilities such as post offices, fair price shops, food storage god owns, electricity supply, health care facilities, schools and educational or training facilities, anganwadis, children parks, places of worship, land for traditional tribal institutions and burial and cremation grounds.

(6)The Government shall require the authority conducting the Social Impact Assessment study to prepare a Social Impact Management Plan, listing the ameliorative measures required to be undertaken for addressing the impact for a specific component referred to in sub-section (5), and such measures shall not be less than what is provided under a scheme or programme, in operation in that area, of the State or Central Government, as the case may be, in operation in the affected area.

5. Public hearing for Social Impact Assessment.

- Whenever a Social Impact Assessment is required to be prepared under Section 4, the Government shall ensure that a public hearing is held at the affected area, after giving adequate publicity about the date, time and venue for the public hearing, to ascertain the views of the affected families to be recorded and included in the Social Impact Assessment Report.

6. Publication of Social Impact Assessment Study.

(1)The Government shall ensure that the Social Impact Assessment study report and the Social Impact Management Plan referred to in sub-section (6) of Section 4 are prepared and made available in the local language to the Village Council or Local Council, Municipality, as the case may be, and the offices of the District Collector, the Deputy Collector and the Block Development Officer, and shall be published in the affected areas, in such manner as may be prescribed and uploaded on the website of the Government.

(2)Wherever Environment Impact Assessment is carried out, a copy of the Social Impact Assessment report shall be made available to the Impact Assessment Agency authorized by the State Government to carry out environmental impact assessment:Provided that, in respect of irrigation projects where the process of Environment Impact Assessment is required under the provisions of any other law for the time being in force, the provisions of this Act relating to Social Impact Assessment shall not apply.B - Appraisal Of Social Impact Assessment Report By An Expert Group

7. Appraisal of Social Impact Assessment Report by an Expert Group.

(1)The Government shall ensure that the Social Impact Assessment report is evaluated by an independent multi-disciplinary Expert Group, as may be constituted by it.

(2)The Expert Group constituted under sub-section (1) shall include the following, namely:-

(a)two social scientists;

(b)two representatives of Village Council or Local Council or Municipality, as the case may be;

(c)two experts on rehabilitation; and

(d)a technical expert in the subject relating to the project.

(3)The Government may nominate a person from amongst the members of the Expert Group as the Chairperson of the Group.

(4)If the Expert Group constituted under sub-section (1), is of the opinion that, -

(a)the project does not serve any public purpose; or

(b)the social costs and adverse social impacts of the project outweigh the potential benefits, it shall make a recommendation within two months from the date of its constitution to the effect that the project shall be abandoned forthwith and no further steps to acquire the land will be initiated in respect of the same:

Provided that the grounds for such recommendation shall be recorded in writing by the Expert Group giving the details and reasons for such decision.Provided further that where the Government, in spite of such recommendations, proceeds with the acquisition, then, it shall ensure that its reasons for doing so are recorded in writing.

(5)If the Expert Group constituted under sub-section (1), is of the opinion that,-

(a)the project will serve any public purpose; and

(b)the potential benefits outweigh the social costs and adverse social impacts, it shall make specific recommendations within two months from the date of its constitution whether the extent of land proposed to be acquired is the absolute bare-minimum extent needed for the project and whether there are no other less displacing options available:

Provided that the grounds for such recommendation shall be recorded in writing by the Expert Group giving the details and reasons for such decision.

(6)The recommendations of the Expert Group referred to in sub-sections (4)and (5)shall be made available in the local language to the Village Council or Local Council, Municipality, as the case may be, and the offices of the District Collector, Deputy Collector and the Block Development Officer, and shall be published in the affected areas, in such manner as may be prescribed and uploaded on the website of the Government.

8. Examination of proposals for land acquisition and Social Impact Assessment report by Government.

(1)The Government shall ensure that -

(a)there is a legitimate and bona fide public purpose for the proposed acquisition which necessitates the acquisition of the land identified;

(b)the potential benefits and the public purpose referred to in clause (a) shall outweigh the social costs and adverse social impact as determined by the Social Impact Assessment that has been carried out;

(c)only the minimum area of land required for the project is proposed to be acquired;

(d)there is no unutilized land which has been previously acquired in the area;

(e)the land, if any, acquired earlier and remained unutilised, is used for such public purpose and make recommendations in respect thereof.

(2)The Government shall examine the report of the Collector, if any, and the report of the Expert Group on the Social Impact Assessment study and after considering all the reports, recommend such area for acquisition which would ensure minimum displacement of people, minimum disturbance to the infrastructure, ecology and minimum adverse impact on the individuals affected.

(3)The decision of the Government shall be made available in the local language to the Village Council or Local Council, Municipality, as the case may be, and the offices of the District Collector, the Deputy Collector and the BDO, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the Government.Provided that where land is sought to be acquired for any of the purposes as specified in sub-section

(2)of Section 3, the Government shall ascertain as to whether the prior consent of the affected families as required under the proviso to sub-section (2) of Section 3, has been obtained in the manner as may be prescribed.

9. Exemption from Social Impact Assessment.

- Where land is proposed to be acquired invoking the urgency provisions under Section 40, the Government may exempt undertaking of the Social Impact Assessment study.

Chapter III
Special Provision To Safeguard Food Security

10. Special provision to safeguard food security.

(1)Save as otherwise provided in sub-section (2), no irrigated multi-cropped land shall be acquired under this Act.

(2)Such land may be acquired subject to the condition that it is being done under exceptional circumstances, as a demonstrable last resort, where the acquisition of the land referred to in sub-section (1) shall, in aggregate for all projects in a district or State, in no case exceed such limits as may be notified by the Government considering the relevant State specific factors and circumstances.

(3)Whenever multi-crop irrigated land is acquired under sub-section (2), an equivalent area of cultivable wasteland shall be developed for agricultural purposes or an amount equivalent to the value of the land acquired shall be deposited with the Government for investment in agriculture for enhancing food-security.

(4)In a case not falling under sub-section (1), the acquisition of the agricultural land in aggregate for all projects in a district or State, shall in no case exceed such limits of the total net sown area of that District or State, as may be notified by the Government:Provided that the provisions of this section shall not apply in the case of projects that are linear in nature such as those relating to railways, highways, major district roads, irrigation canals, power lines, pipelines and the like.

Chapter IV
Notification and Acquisition

11. Publication of preliminary notification and power of officers thereupon.

(1)Whenever, it appears to the Government that land in any area is required or likely to be required for any public purpose, a notification (hereinafter referred to as preliminary notification) to that effect along with details of the land to be acquired in rural and urban areas shall be published in the following manner, namely:-

(a)in the Official Gazette;

(b)in two daily newspapers circulating in the locality of such area in local language;

(c)in the local language in the Village Council or Local Council, Municipality as the case may be and in the offices of the District Collector, the Deputy Collector and the Block Development Officer;

(d)uploaded on the website of the Government;

(e)in the affected areas, in such manner as may be prescribed.

(2)Immediately after issuance of the preliminary notification under sub-section (1), the concerned Village Council or Local Council or Municipality, in case of municipal areas and the Autonomous Councils in case of the areas referred to in the Sixth Schedule to the Constitution, shall be informed of the contents of the notification issued under the said sub-section in all cases of land acquisition at a meeting called especially for this purpose.

(3)The preliminary notification issued under sub-section (1) shall also contain a statement on the nature of the public purpose involved, reasons necessitating the displacement of affected persons, summary of the Social Impact Assessment Report and particulars of the Administrator appointed for the purposes of rehabilitation and resettlement under Section 41.

(4)No person shall make any transaction or cause any transaction of land specified in the preliminary notification or create any encumbrances on such land from the date of publication of such preliminary notification till such time as the proceedings under this Chapter are completed.Provided that the Collector may, on the application made by the owner of the land so notified, exempt in special circumstances to be recorded in writing, such owner from the operation of this sub-section.Provided further that any loss or injury suffered by any person due to his will ful violation of this provision shall not be made up by the Collector.

(5)After issuance of preliminary notification under sub-section (1), the Collector shall, before the issue of a declaration under Section 19, undertake and complete the exercise of updating of land records as prescribed within a period of two months.Provided that where prior consent is required, land records shall be updated before convening public consultation for obtaining the required consent to ensure that consent is given by the rightful land holders concerned.

12. Preliminary survey of land and power of officers to carry out survey.

- For the purposes of enabling the Government to determine the extent of land to be acquired, it shall be lawful for any officer, either generally or specially authorized by the Government in this behalf, and for his servants and workmen,-

(a)to enter upon and survey and take levels of any land in such locality;

(b)to dig or bore into the sub-soil;

(c)to do all other acts necessary to ascertain whether the land is adapted for such purpose;

(d)to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon; and

(e)to mark such levels, boundaries and line by placing marks and cutting trenches and where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle:

Provided that no act under clauses (a) to (e) in respect of land shall be conducted in the absence of the owner of the land or in the absence of any person authorised in writing by the owner:Provided further that the acts specified under the first proviso may be undertaken in the absence of the owner, if the owner has been afforded a reasonable opportunity to be present during the survey, by giving a notice of at least sixty days prior to such survey:Provided also that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so.

13. Payment for damage.

- The officer so authorised under Section 12 shall at the time of entry under Section 12 pay or tender payment for any damage caused, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector and such decision shall be final.

14. Lapse of Social Impact Assessment report.

- Where a preliminary notification under Section 11 is not issued within twelve months from the date of appraisal of the Social Impact Assessment report submitted by the Expert Group under Section 7, then, such report shall be deemed to have lapsed and a fresh Social Impact Assessment shall be required to be undertaken prior to acquisition proceedings under Section 11.Provided that the Government, shall have the power to extend the period of twelve months, if in its opinion circumstances exist justifying the same.Provided further that any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the concerned authority.

15. Hearing of objections.

(1)Any person interested in any land which has been notified under sub-section (i) of Section 11, as being required or likely to be required for a public purpose, may within sixty days from the date of the publication of the preliminary notification, object to -

(a)the area and suitability of land proposed to be acquired;

(b)justification offered for public purpose;

(c)the findings of the Social Impact Assessment report.

(2)Every objection under sub-section (1) shall be made to the Collector in writing, and the Collector shall give the objector an opportunity of being heard in person or by any person authorised by him in this behalf or by an Advocate and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, either make a report in respect of the land which has been notified under sub-section (1) of Section 11, or make different reports in respect of different parcels of such land, to the Government, containing his recommendations on the objections, together with the record of the proceedings held by him along with a separate report giving therein the approximate cost of land acquisition, particulars as to the number of affected families likely to be resettled, for the decision of the Government.

(3)The decision of the Government on the objections made under sub-section (2) shall be final.

16. Preparation of Rehabilitation and Resettlement scheme by the Administrator.

(1)Upon the publication of the preliminary notification under sub-section (1) of Section 11 by the Collector, the Administrator for Rehabilitation and Resettlement shall conduct a survey and undertake a census of the affected families, in such manner and within such time as may be prescribed, which shall include -

(a)particulars of lands and immovable properties being acquired of each affected family;

(b)livelihoods lost in respect of land losers and landless whose livelihoods are primarily dependent on the lands being acquired;

(c)a list of public utilities and Government buildings which are affected or likely to be affected, where resettlement of affected families is involved;

(d)details of the amenities and infrastructural facilities which are affected or likely to be affected, where resettlement of affected families is involved; and

(e)details of any common property resources being acquired.

(2)The Administrator shall, based on the survey and census under sub-section (1), prepare a draft Rehabilitation and Resettlement Scheme, as prescribed which shall include particulars of the rehabilitation and resettlement entitlements of each land owner and landless whose livelihoods are primarily dependent on the lands being acquired and where resettlement of affected families is involved -

(i)a list of Government buildings to be provided in the Resettlement Area;

(ii)details of the public amenities and infrastructural facilities which are to be provided in the Resettlement Area.

(3)The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall include time limit for implementing Rehabilitation and Resettlement Scheme;

(4)The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall be made known locally by wide publicity in the affected area and discussed in the public meeting of the concerned Village or Municipality.

(5)A public hearing shall be conducted in such manner as may be prescribed, after giving adequate publicity about the date, time and venue for the public hearing at the affected area:Provided that in case where an affected area involves more than one Village or Local Council area or Municipality, public hearings shall be conducted in every Village or Local Council area or Municipality where more than twenty-five percent, of land belonging to that Village or Local Council area or Municipality is being acquired:

(6)The Administrator shall, on completion of public hearing submit the draft Scheme for Rehabilitation and Resettlement along with a specific report on the claims and objections raised in the public hearing to the Collector.

(7)When land is to be acquired for any project which carries separate package for rehabilitation and resettlement which is more beneficial to the affected families than the provisions of this Act, the Government shall be at liberty to opt such rehabilitation and resettlement package under such project, in consultation with the affected families who are required to be resettled under the provisions of this Act. In such a case, the Administrator shall prepare the draft Rehabilitation and Resettlement Scheme in accordance with the provisions of such special package:Provided that the manner of implementation and any amount involved in rehabilitation and resettlement under such other special project shall not be cited as precedent to any other case of land-acquisition, rehabilitation and resettlement under this Act.

17. Review of the Rehabilitation and Resettlement Scheme.

(1)The Collector shall review the draft Scheme submitted under sub-section (6) of Section 16 by the Administrator with the Rehabilitation and Resettlement Committee at the project level constituted under Section 43.

(2)The Collector shall submit the draft Rehabilitation and Resettlement Scheme with his suggestions to the Commissioner, Rehabilitation and Resettlement for approval of the Scheme.

18. Approved Rehabilitation and Resettlement Scheme to be made public.

- The Commissioner shall cause the approved Rehabilitation and Resettlement Scheme to be made available in the local language in the Village or Local Council or Municipality, as the case may be, and the offices of the District Collector, the Deputy Collector and the Block Development Officer, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the concerned authority.

19. Publication of declaration and summary of Rehabilitation and Resettlement.

(1)When the Government is satisfied, after considering the report, if any, made under sub-section (2) of Section 15, that any particular land is needed for a public purpose, a declaration shall be made to that effect, along with a declaration of an area identified as the "resettlement area" for the purposes of rehabilitation and resettlement of the affected families, under the hand and seal of a Secretary to the Government or of any other officer duly authorised to certify its orders and different declarations may be made from time to time in respect of different parcels of any land covered by the same preliminary notification irrespective of whether one report or different reports has or have been made (wherever required).

(2)The Collector shall publish a summary of the Rehabilitation and Resettlement Scheme along with declaration referred to in sub-section (1):Provided that no declaration under this sub-section shall be made unless the summary of the Rehabilitation and Resettlement Scheme is published along with such declaration:Provided further that no declaration under this sub-section shall be made unless the Requiring Body deposits an amount, in full or part, as may be prescribed by the Government toward the cost of acquisition of the land:Provided also that the Requiring Body shall deposit the amount promptly so as to enable the Government to publish the declaration within a period of twelve months from the date of the publication of preliminary notification under Section 11.

(3)In projects where land is acquired in stages, the application for acquisition itself can specify different stages for the rehabilitation and resettlement, and all declarations shall be made according to the stages so specified.

(4)Every declaration referred to in sub-section (1) shall be published in the following manner, namely:-

(a)in the Official Gazette;

(b)in two daily newspapers being circulated in the locality, of such area of which one shall be in the local language;

(c)in the local language in the Village or Municipality as the case may be, and in the offices of the District Collector, the Deputy Collector and the Block Development Officer;

(d)uploaded on the website of the Government;

(e)in the affected areas, in such manner as may be prescribed.

(5)Every declaration referred to in sub-section (1) shall indicate,-

(a)the district or other territorial division in which the land is situated;

(b)the purpose for which it is needed, its approximate area; and

(c)where a plan shall have been made for the land, the place at which such plan may be inspected without any cost.

(6)The declaration referred to in sub-section (1) shall be conclusive evidence that the land is required for a public purpose and, after making such declaration, the Government may acquire the land in such manner as specified under this Act.

(7)Where no declaration is made under sub-section (1) within twelve months from the date of preliminary notification, then such notification shall be deemed to have been rescinded:Provided that in computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded:Provided further that the Government shall have the power to extend the period of twelve months, if in its opinion circumstances exist justifying the same:Provided also that any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the concerned authority.

20. Land to be marked out, measured and planned including marking of specific areas.

- The Collector shall thereupon cause the land, unless it has been already marked out under Section 12, to be marked out and measured, and if no plan has been made thereof, a plan to be made of the same.

21. Notice to persons interested.

(1)The Collector shall publish the public notice on his official website and cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensations and rehabilitation and resettlement for all interests in such land may be made to him.

(2)The public notice referred to in sub-section (1) shall state the particulars of the land so needed, and require all persons interested in the land to appear personally or by agent or advocate before the Collector at a time and place mentioned in the public notice not being less than thirty days and not more than six months after the date of publication of the notice, and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, their claims to rehabilitation and resettlement along with their objections, if any, to the measurements made under Section 20.

(3)The Collector may in any case require such statement referred to in sub-section (2) to be made in writing and signed by the party or his agent.

(4)The Collector shall also serve notice to the same effect on the occupier, if any, of such land and on all such persons known or believed to be interested therein, be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue district in which the land is situated.

(5)In case any person so interested resides elsewhere, and has no such agent, the Collector shall ensure that the notice shall be sent to him by post in letter addressed to him at his last known residence, address of place or business and also publish the same in at least two daily newspapers and also on his official website.

22. Power to require and enforce the making of statements as to names and interests.

(1)The Collector may also require any such person to make or deliver to him, at a time and place mentioned (such time not being less than thirty days after the date of the requisition), a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee or otherwise, and of the nature of such interest, and of the rents and profits, if any, received or receivable on account thereof for three years next preceding the date of the statement.

(2)Every person required to make or deliver a statement under this section shall be deemed to be legally bound to do so within the meaning of Sections 175 and 176 of the Indian Penal Code (45 of 1860).

23. Enquiry and land acquisition award by Collector.

- On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under Section 21, to the measurements made under Section 20, and into the value of the land at the date of the publication of the notification, and into the respective interests of the persons claiming the compensation and rehabilitation and resettlement, shall make an award under his hand of -

(a)the true area of the land;

(b)the compensation as determined under Section 27 along with Rehabilitation and Resettlement Award as determined under Section 31 and which in his opinion should be allowed for the land; and

(c)the apportionment of the said compensation among all the persons known or believed to be interested in the land, or whom, or of whose claims, he has information, whether or not they have respectively appeared before him.

24. Land acquisition process under Act No.1 of 1894 shall be deemed to have lapsed in certain cases.

(1)Notwithstanding anything contained in this Act, in any case of land acquisition proceedings initiated under the Land Acquisition Act, 1894,-

(a)where no award under Section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply; or

(b)where an award under the said Section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.

(2)Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894), where an award under the said Section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act:Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under Section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.Provided further that in cases where land acquisition proceedings have been initiated under Land Acquisition Act, 1894 which have not yet been completed, the Government may, direct District Collector by issue of Notification to proceed acquisition process to reach its logical conclusion. Any person who has not accepted the awards of Collector may, by written application to the Collector require that the matter to be referred to the Presiding Officer appointed under Section 47 of this Act.

25. Period within which an award shall be made.

- The Collector shall make an award within a period of twelve months from the date of publication of the declaration under Section 19 and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse:Provided that the Government shall have the power to extend the period of twelve months if in its opinion, circumstances exist justifying the same:Provided further that any such decision to extend the period shall be recorded in writing and the same shall be notified and uploaded on the website of the concerned authority.

26. Determination of market value of land by Collector.

(1)The Collector shall adopt the following criteria in assessing and determining the market value of the land, namely:-

(a)the market value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) as amended for the State of Mizoram for the registration of sale deeds or agreement to sell, as the case may be, in the area where land is situated; or

(b)in absence of the value of land fixed as provided under clause (a), the average sale price for land situated within the same land-grading notified latest by the Government in the Land Revenue & Settlement Department for assessment of land revenue from time to time shall be taken into consideration; or

(c)the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or

(d)consented amount of compensation as agreed upon under sub-section (2) of section 3 in case of acquisition of lands for private companies or for public private partnership projects, whichever is higher;

Provided that the date for determination of market value shall be the date on which the notification has been issued under Section 11.Provided further that the value of land claimed to have been held by any person other than 'person interested' under clause (v) of Section 2 shall not be assessed for payment of compensation, or cost of the land in case of purchase through negotiation, and such illegal occupant may be considered as 'landless' for the purpose of rehabilitation and resettlement if he is a person belonging to Below Poverty Line.Explanation 1. - The average sale price referred to in clause (c) shall be determined taking into account the sale deeds or the agreements to sell registered for similar type of area in the near village or near vicinity area during immediately preceding three years of the year in which such acquisition of land is proposed to be made.Explanation 2. - For determining the average sale price referred to in Explanation I, one-half of the total number of sale deeds or the agreements to sell in which the highest sale price has been mentioned shall be taken into account.Explanation 3. - While determining the market value under this section and the average sale price referred to in Explanation 1 or Explanation 2, any price paid as compensation for land acquired under the provisions of this Act on an earlier occasion in the district shall not be taken into consideration.Explanation 4. - While determining the market value under this section and the average sale price referred to in Explanation 1 or Explanation 2, any price paid, which in the opinion of the Collector is not indicative of actual prevailing market value may be discounted for the purposes of calculating market value.

(2)Where the market value under sub-section (1) cannot be determined for the reason that -

(a)the land is situated in such area where the transactions in land are restricted by or under any other law for the time being in force in that area; or

(b)the registered sale deeds or agreements to sell as mentioned in clause (a) of sub-section (1) for similar land are not available for the immediately preceding three years; or

(c)the market value has not been specified under the Indian Stamp Act, 1899 (2 of 1899) by the appropriate authority; or

(d)the land grading for revenue collection on the area where the acquired land situates is not available, The Collector shall take into account the connectivity, distance from the road, gradient and topography of the land to be acquired, vicinity from the main commercial and residential area, climatic conditions, availability of water and power supply and other civic amenities.

(3)The market value of lands acquired under the Land Acquisition Act, 1894 and its subsequent enhancements thereof (if any) under Section 18 of the Land Acquisition Act, 1894 shall not be cited as a precedent.

(4)The market value of the land fixed for acquiring lands for poles used for electricity/tele-communication etc. shall not be cited as a precedent.Provided that in a case where the Requiring Body offers its shares to the owners of the lands (whose lands have been acquired) as a part of compensation, for acquisition of land, such shares in no case shall exceed twenty-five per cent, of the value so calculated under sub- section (1) or sub-section (2) as the case may be:Provided further that the Collector shall, before initiation of any land acquisition proceedings in any area, take all necessary steps to revise and update the market value of the land on the basis of the prevalent market rate in that area:Provided also that the Government shall ensure that the market value determined for acquisition of any land or property of an educational institution established and administered by a religious or linguistic minority shall be such as would not restrict or abrogate the right to establish and administer educational institutions of their choice.

27. Determination of amount of compensation.

(1)The Collector having determined the market value of the land to be acquired shall calculate the total amount of compensation to be paid to the land owner (whose land has been acquired) by including all assets attached to the land.

(2)The Collector may also determine the amount of compensation on the basis of written consented amount as agreed by the land owner.Provided that the consented amount shall not exceed the market value of the land.Provided further that the Collector shall ensure that the land holder, while giving such written consent, has clearly understood the benefits to which he is entitled had the land been acquired in accordance with the provisions of this Act, and that the written consent granted by him was given of his own volition and free will without any compulsion or intimidation from any person, and recorded the same in writing.

28. Parameters to be considered by Collector in determination of award.

- In determining the amount of compensation to be awarded for land acquired under this Act, the Collector shall take into consideration-Firstly, the market value as determined under Section 26 and the award amount in accordance with the First and Second Schedules;Secondly, the damage sustained by the person interested, by reason of the taking of any standing crops and trees which may be on the land at the time of the Collector's taking possession thereof;Thirdly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land;Fourthly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings;Fifthly, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change;Sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under Section 19 and the time of the Collector's taking possession of the land:Provided that in case of acquisition of land covered by any valid temporary allotment whereby the land holder has no permanent transferable right under any existing law, compensation may be paid for the land so acquired along with the properties attached thereon, as per assessment made by the Collector of the District concerned provided that the validity of the tenure of the said land holding has not expired;Provided further that certain percentage of the value of the land so acquired, as may be notified by the Government, shall be remitted to Revenue Department as cess on value of land.

29. Determination of value of things attached to land or building.

(1)The Collector in determining the market value of the building and other immovable property or assets attached to the land or building which are to be acquired, shall use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by him.

(2)The Collector for the purpose of determining the value of trees and plants attached to the land acquired, shall use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him, or use the approved rates of value of crops and trees notified by the Government, if any.

(3)The Collector for the purpose of assessing the value of the standing crops damaged during the process of land acquisition, may use the services of experienced persons in the field of agriculture as may be considered necessary by him, or use the approved rates of values of crops and trees notified by the Government, if any:Provided that such notified rates of value of trees, plants and crops shall be revised by the Government every three years based on the updated Consumer Price Index.Provided further that the compensation for damage of crops on land occupied by any person other than 'person interested' under clause (v) of Section 2 shall not be assessed without prior approval of the Government. If at all the Government grants the approval, such assessment shall be in accordance with the criteria and terms and conditions for assessment for crops and other immovable properties on such illegally occupied land, as may be notified on official gazette. Such assessment shall be called 'ex-gratia' payment, and shall be included in the cost of acquisition.

30. Award of solatium.

(1)The Collector having determined the total compensation to be paid, may, to arrive at the final award, impose "Solatium" as prescribed in Schedule I, of the compensation amount.Explanation. - In the context of Mizoram, land is allotted to individuals free of cost by the Government or competent authority. For the removal of doubts it is hereby declared that solatium amount may be in addition to the compensation payable to any person whose land has been acquired compulsorily. Land acquired on the offer made voluntarily by the land holder or through private negotiation shall not carry any solatium.

(2)The Collector shall issue individual awards detailing the particulars of compensation payable and the details of payment of the compensation as specified in the First Schedule.

(3)In addition to the market value of the land provided under Section 26, the Collector shall, in every case, award an amount calculated at the rate of twelve per cent, per annum on such market value for the period commencing on and from the date of the publication of the notification of the Social Impact Assessment study under sub-section (2) of section 4, in respect of such land, till the date of the award of the Collector or the date of taking possession of the land, whichever is earlier.

Chapter V
Rehabilitation And Resettlement Award

31. Rehabilitation and Resettlement Award for affected families by Collector.

(1)The Collector shall pass Rehabilitation and Resettlement Awards for each affected family in terms of the entitlements provided in the Second Schedule according to the nature of the acquisition.

(2)The Rehabilitation and Resettlement Award shall include all of the following, namely:-

(a)rehabilitation and resettlement amount payable to the family;

(b)bank account number of the person to which the rehabilitation and resettlement award amount is to be transferred;

(c)particulars of house site and house to be allotted, in case of displaced families who have no other suitable land for settlement;

(d)particulars of one time subsistence allowance and transportation allowance in case of displaced families;

(e)particulars of payment for cattle shed and petty shops;

(f)particulars of one-time amount to artisans and small traders;

(g)particulars of annuity and other entitlements to be provided;

Provided that in case any of the matters specified under clauses (a) to (g) are not applicable to any affected family the same shall be indicated as "not applicable";Provided further that the Government may, by notification increase the rate of rehabilitation and resettlement amount payable to the affected families, taking into account the rise in the price index.

32. Provision of infrastructural amenities in resettlement area.

- In every resettlement area as defined under this Act, the Collector shall ensure the provision of all infrastructural facilities and basic minimum amenities are provided to the displaced families in the resettled area or village which were earlier provided in the village from where they are displaced.

33. Corrections to awards by Collector.

(1)The Collector may at any time, but not later than six months from the date of award or where he has been required under the provisions of this Act to make a reference to the Authority under Section 60,before the making of such reference, by order, correct any clerical or arithmetical mistakes in either of the awards or errors arising therein either on his own motion or on the application of any person interested or local authority:Provided that no correction which is likely to affect pre-judicially any person shall be made unless such person has been given a reasonable opportunity of making representation in the matter.

(2)The Collector shall give immediate notice of any correction made in the award so corrected to all the persons interested.

(3)Where any excess amount is proved to have been paid to any person as a result of the correction made under sub-section (1), the excess amount so paid shall be liable to be refunded and in the case of any default or refusal to pay, the same may be recovered, as prescribed by the Government.

34. Adjournment of enquiry.

- The Collector may, for any cause he thinks fit, from time to time adjourn the enquiry to a day to be fixed by him.

35. Power to summon and enforce attendance of witnesses and production of documents.

- For the purpose of enquiries under this Act, the Collector shall have powers to summon and enforce the attendance of witnesses, including the parties interested of any of them, and to compel the production of documents by the same means, and (so far as may be) in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908).

36. Power to call for records, etc.

- The Government may at any time before the award is made by the Collector under Section 30 call for any record of any proceedings (whether by way of inquiry or otherwise) for the purpose of satisfying itself as to the legality or propriety of any findings or order passed or as to the regularity of such proceedings and may pass such order or issue such direction in relation thereto as it may think fit:Provided that the Government shall not pass or issue any order or direction prejudicial to any person without affording such person a reasonable opportunity of being heard.

37. Awards of Collector when to be final.

(1)The awards shall be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and market value of the land and the assets attached thereto, solatium so determined and the apportionment of the compensation among the persons interested.

(2)The Collector shall give immediate notice of his awards to such of the persons interested who are not present personally or through their representatives when the awards are made.

(3)The Collector shall keep open to the public and display a summary of the entire proceedings undertaken in a case of acquisition of land including the amount of compensation awarded to each individual along with details of the land finally acquired under this Act on the website created for this purpose.

38. Power to take possession of land to be acquired.

(1)The Collector shall take possession of land after ensuring that full payment of compensation as well as rehabilitation and resettlement entitlements are paid or tendered to the entitled persons within a period of three months for the compensation and a period of six months for the monetary part of rehabilitation and resettlement entitlements listed in the Second Schedule commencing from the date of the award made under Section 30:Provided that the components of the Rehabilitation and Resettlement Package in the Second Schedule that relate to infrastructural entitlements shall be provided within a period of eighteen months from the date of the award:Provided further that in case of acquisition of land for irrigation or hydel project, being a public purpose, the rehabilitation and resettlement shall be completed six months prior to submergence of the lands acquired.

(2)The Collector shall be responsible for ensuring that the rehabilitation and resettlement process is completed in all its aspects before displacing the affected families.

39. Additional compensation in case of multiple displacements.

- The Collector shall, as far as possible, not displace any family which has already been displaced by the Government for the purpose of acquisition under the provisions of this Act, and if so displaced, shall pay an additional compensation equivalent to that of the compensation determined under Section 27 of the Act for the second or successive displacements.

40. Special powers in case of urgency to acquire land in certain cases.

(1)In cases of urgency, whenever the Government so directs, the Collector, though no such award has been made, may, on the expiration of thirty days from the publication of the notice mentioned in Section 21, take possession of any land needed for a public purpose and such land shall thereupon vest absolutely in the Government, free from all encumbrances.

(2)The powers of the Government under sub-section (1) shall be restricted to the minimum area required for the defence of India or national security or for any emergencies arising out of natural calamities or any other emergency with the approval of the Legislative Assembly:Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hour notice of his intention to do so, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.

(3)Before taking possession of any land under sub-section (1) or sub-section (2), the Collector shall tender payment of eighty per cent, of the compensation for such land as estimated by him to the person interested entitled thereto.

(4)In the case of any land to which, in the opinion of the Government, the provisions of sub-section (1), sub-section (2) or sub-section (3) are applicable, the Government may direct that any or all of the provisions of Chapter II to Chapter VI shall not apply, and, if it does so direct, a declaration may be made under section 19 in respect of the land at any time after the date of the publication of the preliminary notification under sub-section (1) of Section 11.

Chapter Vi
Procedure And Manner Of Rehabilitation And Resettlement

41. Appointment of Administrator.

(1)Where the Government is satisfied that there is likely to be involuntary displacement of persons due to acquisition of land, then, the State Government shall, by notification, appoint in respect of that project, an officer not below the rank of Deputy Collector to be the Administrator for Rehabilitation and Resettlement.

(2)The Administrator shall, with a view to enable him to function efficiently and to meet the special time frame, be provided with such powers, duties and responsibilities as may be prescribed by the Government and provided with office infrastructure and be assisted by such officers and employees who shall be subordinate to him as the Government may decide.

(3)Subject to the superintendence, directions and control of the Government and the Commissioner for Rehabilitation and Resettlement, the formulation, execution and monitoring of the Rehabilitation and Resettlement Scheme shall vest in the Administrator.

42. Commissioner for rehabilitation and resettlement.

(1)The State Government shall appoint an officer of the rank of Commissioner or Secretary of the Government for rehabilitation and resettlement of affected families under this Act, to be called the Commissioner for Rehabilitation and Resettlement.

(2)The Commissioner shall be responsible for supervising the formulation of rehabilitation and resettlement schemes or plans and proper implementation of such schemes or plans.

(3)The Commissioner shall be responsible for the post-implementation social audit in consultation with the public of the concerned Village in rural areas and Municipality in urban areas.

43. Rehabilitation and resettlement committee at project level.

(1)Where land proposed to be acquired is equal to or more than fifty acres, the Government shall constitute a Committee under the chairmanship of the Collector to be called the Rehabilitation and Resettlement Committee, to monitor and review the progress of implementation of the Rehabilitation and Resettlement scheme and to carry out post-implementation social audits in consultation with the public of the concerned village in rural areas and Municipality in urban areas.

(2)The Rehabilitation and Resettlement Committee shall include, apart from officers of the Government, the following members, namely:-

(a)a representative of women residing in the affected area;

(b)a representative of a voluntary organisation working in the area;

(c)a representative of a nationalised bank;

(d)the Land Acquisition Officer of the project;

(e)the Chairpersons of the Local authorities located in the affected area or their nominees;

(f)Member of the Legislative Assembly of the concerned area or their nominees;

(g)a representative of the Requiring Body; and

(h)Administrator for Rehabilitation and Resettlement as the Member- Convener.

(3)The procedure regulating the discharge of the process given in this section and other matters connected thereto of the Rehabilitation and Resettlement Committee shall be such as may be prescribed by the Government.

44. Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons.

(1)Where any person other than a specified person is purchasing land through private negotiations for an area equal to or more than such limits, as may be notified by the Government, considering the relevant specific factors and circumstances, for which the payment of Rehabilitation and Resettlement Costs under this Act is required, he shall file an application with the District Collector notifying him of -

(a)intent to purchase;

(b)purpose for which such purchase is being made;

(c)particulars of lands to be purchased.

(2)It shall be the duty of the Collector to refer the matter to the Commissioner for the satisfaction of all relevant provisions under this Act related to rehabilitation and resettlement.

(3)Based upon the Rehabilitation and Resettlement Scheme approved by the Commissioner as per the provisions of this Act, the Collector shall pass individual awards covering Rehabilitation and Resettlement entitlements as per the provisions of this Act,

(4)No land use change shall be permitted if rehabilitation and resettlement is not complied with in full.

(5)Any purchase of land by a person other than specified persons without complying with the provisions of Rehabilitation and Resettlement Scheme shall be void ab initio:Provided that the Government may provide for rehabilitation and resettlement provisions on sale or purchase of land in the State and shall also fix the limits or ceiling for the said purpose.

(6)If any land has been purchased through private negotiations by a person on or after the commencement of this Act, forty per cent, of the compensation paid for such land acquired shall be shared with the original land owners.Explanation. - For the purpose of this section, the expression-

(a)"original land owner" refers to the owner of the land who has got rights and title over the land before commencement of this Act;

(b)"specified persons" includes -

(i)Government;

(ii)Government company;

(iii)association of persons or trust or society as registered under the Mizoram Societies Registration Act, 2005 (13 of 2005) wholly or partially aided by the Government or controlled by the Government.

45. Quantification and deposit of rehabilitation and resettlement amount.

- Where the Collector is of the view that the obligations of the Requiring Body with regard to rehabilitation and resettlement can be quantified into monetary amount, he shall allow the payment of such amount into an account in complete satisfaction of such obligations, which shall be administered by the Administrator appointed under Section 41, under the supervision of the Collector.

Chapter VII
Monitoring Committee For Rehabilitation And Resettlement

46. Establishment of State Monitoring Committee for rehabilitation and resettlement.

(1)The Government shall constitute a State Monitoring Committee for reviewing and monitoring the implementation of rehabilitation and resettlement schemes or plans under this Act.

(2)The Committee may, besides having representatives of the concerned Departments of the State Government, associate with it eminent experts from the relevant fields.

(3)The procedures to be followed by the Committee and the allowances payable to the experts shall be such as may be prescribed by the State Government.

(4)The Government shall provide such officers and other employees to the Committee as may be necessary for its efficient functioning.

Chapter VIII
Establishment Of Land Acquisition, Rehabilitation And Resettlement Authority

47. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.

(1)The Government shall, for the purpose of providing speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement, establish, by notification, one or more Authorities to be known as "the Land Acquisition, Rehabilitation and Resettlement Authority" to exercise jurisdiction, powers and authority conferred on it by or under this Act.

(2)The Government shall also specify in the notification referred to in sub-section (1) the areas within which the Authority may exercise jurisdiction for entertaining and deciding the references made to it under Section 60 or applications made by the applicant under second proviso to sub-section (1) of Section 60.

48. Composition of Authority.

(1)The Authority shall consist of one person (hereinafter referred to as the Presiding Officer) and two other Members to be appointed, by notification, by the Government.

(2)Notwithstanding anything contained in sub - section (1), the Government may authorise the Presiding Officer of one Authority to discharge also the functions of the Presiding Officer of another Authority.

49. Qualifications for appointment as Presiding Officer and Members of the Authority.

(1)A person shall not be qualified for appointment as the Presiding Officer of an Authority unless,-

(a)he is or has been a District Judge or District Magistrate or Officer of Law Department not below the rank of Joint Secretary; or

(b)he is a qualified legal practitioner for not less than 10 (ten) years.

(2)A Presiding Officer shall be appointed by the Government.

(3)Members of the Authority shall be appointed by the Government amongst :

(a)Member of Legislative Assembly of the affected areas;

(b)Prominent citizen.

50. Terms of office of Presiding Officer and Members of the Authority.

- The Presiding Officer of an Authority shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier.Provided that the term of office of Members of the Authority shall be thirty six months from the date of appointment by the Government.

51. Staff of Authority.

(1)The Government shall provide each Authority with a Registrar and such other officers and employees as the Government may think fit.

(2)The Registrar and other officers and employees of an Authority shall discharge their functions under the general superintendence of the Presiding Officer.

(3)The salaries and allowances and other conditions of service of the Registrar and other officers and employees of an Authority shall be such as may be prescribed.

52. Salary and allowances and other terms and conditions of service of Presiding Officer and Members of the Authority.

- The salary and allowances payable to and the other terms and conditions of service of the Presiding Officer of an Authority, shall be such as may be prescribed:Provided that neither the salary and allowances nor the other terms and conditions of service of the said Presiding Officer shall be varied to their disadvantage after appointment.Provided further that the Members of the Authority shall be paid sitting allowance as may be prescribed.

53. Filling up of vacancies.

- If, for any reason other than temporary absence, any vacancy occurs in the office of the Presiding Officer of an Authority and the Members, then the Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Authority from the stage at which the vacancy is filled.

54. Resignation and removal.

(1)The Presiding Officer of an Authority may, by notice in writing under his hand addressed to the Government, resign his office:Provided that the Presiding Officer shall, unless he is permitted by the Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earlier.

(2)The Presiding Officer of an Authority shall not be removed from his office except by an order made by the Government on the ground of proven misbehaviour or incapacity after inquiry.

(3)The Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the aforesaid Presiding Officer.

55. Orders constituting Authority to be final and not to invalidate its proceedings.

- No order of the Government appointing an Authority shall be called in question in any manner, and no act or proceeding before an Authority shall be called in question in any manner on the ground merely of any defect in the constitution of an Authority.

56. Powers of Authority and procedure before it.

(1)The Authority shall, for the purposes of its functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-

(a)summoning and enforcing the attendance of any person and examining him on oath;

(b)discovery and production of any document or other material object producible as evidence;

(c)receiving evidence on affidavits;

(d)requisitioning of any public record;

(e)issuing commission for the examination of witnesses;

(f)reviewing its decisions, directions and orders;

(g)any other matter which may be prescribed.

(2)The Authority shall have original jurisdiction to adjudicate upon every reference made to it under Section 60.

(3)The Authority shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made thereunder, the Authority shall have the power to regulate its own procedure.

(4)The Authority shall, after receiving reference under Section 60 and after giving notice of such reference to all the parties concerned and after affording opportunity of hearing to all parties, dispose of such reference within a period of six months from the date of receipt of such reference and make an award accordingly.

(5)The Authority shall arrange to deliver copies of the award to the parties concerned within a period of fifteen days from the date of such award.

57. Proceedings before Authority to be judicial proceedings.

- All proceedings before the Authority shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the Indian Penal Code and the Authority shall be deemed to be a civil court for the purposes of Sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).

58. Officers of Authority to be public servants.

- The Presiding officer and the officer of the Authority shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.

59. Jurisdiction of civil courts barred.

- No civil court (other than High Court under Article 226 or Article 227 of the Constitution of India or the Supreme Court) shall have jurisdiction to entertain any dispute relating to land acquisition in respect of which the Collector or the Authority is empowered by or under this Act, and no injunction shall be granted by any court in respect of any such matter.

60. Reference to Authority.

(1)Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Authority, as the case may be, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, the rights of Rehabilitation and Resettlement under Chapters V and VI or the apportionment of the compensation among the persons interested:Provided that the Collector shall, within a period of thirty days from the date of receipt of application, make a reference to the appropriate Authority:Provided further that where the Collector fails to make such reference within the period so specified, the applicant may apply to the Authority, as the case may be, requesting it to direct the Collector to make the reference to it within a period of thirty days.

(2)The application shall state the grounds on which objection to the award is taken:Provided that every such application shall be made -

(a)if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector's award;

(b)in other cases, within six weeks of the receipt of the notice from the Collector under Section 21, or within six months from the date of the Collector's award, whichever period shall first expire:

Provided further that the Collector may entertain an application after the expiry of the said period, within a further period of one year, if he is satisfied that there was sufficient cause for not filing it within the period specified in the first proviso.

61. Collector's statement to Authority.

(1)In making the reference, the Collector shall state for the information of the Authority, in writing under his hand -

(a)the situation and extent of the land, with particulars of any trees buildings or standing crops thereon;

(b)the names of the persons whom he has reason to think interested in such land;

(c)the amount awarded for damages and paid or tendered under Section 13, and the amount of compensation awarded under the provisions of this Act;

(d)the amount paid or deposited under any other provisions of this Act; and

(e)if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined.

(2)The statement under sub-section (1) shall be attached a schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by the persons interested respectively.

62. Service of notice by Authority.

- The Authority shall thereupon cause a notice specifying the day on which the Authority will proceed to determine the objection, and directing their appearance before the Authority on that day, to be served on the following persons, namely:-

(a)the applicant;

(b)all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and

(c)if the objection is in regard to the area of the land or to the amount of the compensation.

63. Restriction on scope of proceedings.

- The scope of the enquiry in every such proceeding shall be restricted to a consideration of the interest of the persons affected by the objection.

64. Proceedings to be public.

- Every such proceeding shall take place in public, and all persons entitled to practice in any Civil Court shall be entitled to appear, plead and act (as the case may be) in such proceeding.

65. Determination of award by Authority.

(1)In determining the amount of compensation to be awarded for land acquired including the Rehabilitation and Resettlement entitlements, the Authority shall take into consideration whether the Collector has followed the parameters set out under Section 26 to Section 30 and the provisions under Chapter V of this Act.

(2)In addition to the market value of the land, as above provided, the Authority shall in every case award an amount calculated at the rate of twelve percent, per annum on such market value for the period commencing on and from the date of the publication of the preliminary notification under Section 11 in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier.Explanation. - In computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded.

(3)In addition to the market value of the land as above provided, the Authority may in every case award a solatium as prescribed in Schedule I, over the total compensation amount.

66. Form of award.

(1)Every award under this Chapter shall be in writing signed by the Presiding Officer of the Authority, and shall specify the amount awarded under clause first of Section 28, and also the amounts (if any) respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts.

(2)Every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgment within the meaning of clause (2), and clause (9) of respectively, of Section 2 of the Code of Civil Procedure, 1908 (5 of 1908).

67. Costs.

(1)Every such award shall also state the amount of costs incurred in the proceeding under this Chapter, and by what persons and in what proportions they are to be paid.

(2)When the award of the Collector is not upheld, the cost shall ordinarily be paid by the Collector, unless the Authority concerned is of the opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector's costs.

68. Collector may be directed to pay interest on excess compensation.

- If the sum, which in the opinion of the Authority concerned, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the award of the Authority concerned may direct that the Collector shall pay interest on such excess at the rate of nine per cent, per annum from the date on which he took possession of the land to the date of payment of such excess into Authority:Provided that the award of the Authority concerned may also direct that where such excess or any part thereof is paid to the Authority after the date or expiry of a period of one year from the date on which possession is taken, interest at the rate of fifteen per cent, per annum shall be payable from the date of expiry of the said period of one year on the amount of such excess or part thereof which has not been paid into Authority before the date of such expiry.

69. Re-determination of amount of compensation on the basis of the award of the Authority.

(1)Where in an award under this Chapter, the Authority concerned allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under Section 23, the persons interested in all the other land covered by the same preliminary notification under Section 11, and who are also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector, by written application to the Collector within three months from the date of the award of the Authority concerned require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the Authority:Provided that in computing the period of three months within which an application to the Collector shall be made under this sub-section, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded.

(2)The Collector shall, on receipt of an application under sub-section (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and make an award determining the amount of compensation payable to the applicants.

(3)Any person who has not accepted the award under sub-section (2) may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Authority concerned.

70. Appeal to High Court.

(1)The Requiring Body or any person aggrieved by the Award passed by an Authority under Section 65 may file an appeal to the High Court within sixty days from the date of Award:Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.

(2)Every appeal referred to under sub-section (1) shall be heard as expeditiously as possible and endeavour shall be made to dispose of such appeal within six months from the date on which the appeal is presented to the High Court.Explanation. - For the purposes of this section, "High Court" means the High Court within the jurisdiction of which the land acquired or proposed to be acquired is situated.

Chapter IX
Apportionment Of Compensation

71. Particulars of apportionment to be specified.

- When there are several persons interested, if such persons agree in the apportionment of the compensation, the particulars of such apportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment.

72. Dispute as to apportionment.

- When the amount of compensation has been settled, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such disputes to the Authority.

Chapter X
Payment

73. Payment of compensation or deposit of same in Authority.

(1)On making an award under Section 30, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award and shall pay it to them by depositing the amount in their bank accounts unless prevented by someone or more of the contingencies mentioned in sub-section (2).

(2)If the person entitled to compensation shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Authority to which a reference under Section 60 would be submitted:Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:Provided further that no person who has received the amount otherwise than under protest shall be entitled to make any application under sub-section (1) of Section 60:Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto.

74. Investment of money deposited in respect of lands belonging to person incompetent to alienate.

(1)If any money is deposited in the Authority concerned under sub-section (2) of Section 73 and it appears that the land in respect whereof the same was awarded belonged to any person who had no power to alienate the same, the Authority concerned shall -

(a)order the money to be invested in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money shall have been deposited was held; or

(b)if such purchase cannot be effected forthwith, then in the Government of other approved securities as the Authority concerned shall think fit, and shall direct the payment of the interest or other proceeds arising from such investment to the person or persons who would for the time being have been entitled to the possession of the said land, and such moneys shall remain so deposited and invested until the same be applied -

(i)in the purchase of such other lands as aforesaid; or

(ii)in payment to any person or persons becoming absolutely entitled thereto.

(2)In all cases of money deposited to which this section applies the Authority concerned shall order the costs of the following matters, including therein all reasonable charge and expenses incident thereon, to be paid by the Collector, namely:-

(a)the costs of such investments as aforesaid;

(b)the costs of the orders for the payment of the interest or other proceeds of the securities upon which such moneys are for the time being invested, and for the payment out of the Authority concerned of the principal of such moneys, and of all proceedings relating thereto, except such as may be occasioned by litigation between adverse claimants.

75. Investment of money deposited in other cases.

- When any money shall have been deposited in the Authority concerned under this Act for any cause other than the causes mentioned in Section 74, the Authority may, on the application of any party interested or claiming an interest in such money, order the same to be invested in the Government or other approved securities as it may think proper, and paid in such manner as it may consider will give the parties interested therein the same benefit from it as they might have had from the land in respect whereof such money shall have been deposited or as near thereto as may be.

76. Payment of interest.

- When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Collector shall pay the amount awarded with interest thereon at the rate of nine per cent per annum from the time of so taking possession until it shall have been so paid or deposited:Provided that if such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen per cent, per annum shall be payable from the date or expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry.

Chapter XI
Temporary Occupation of Land

77. Temporary occupation of waste or arable land, procedure when difference as to compensation exists.

(1)Whenever it appears to the Government that the temporary occupation and use of any waste or arable land are needed for any public purpose, the Government may direct the Collector to procure the occupation and use of the same for such terms as it shall think fit, not exceeding three years from the commencement of such occupation.

(2)The Collector shall thereupon give notice in writing to the person interested in such land of the purpose for which the same is needed, and shall, for the occupation and use thereof for such term as aforesaid, and for the materials (if any) to be taken therefrom, pay to them such compensation, either in a gross sum of money, or by monthly or other periodical payments, as shall be agreed upon in writing between him and such persons respectively.

(3)In case the Collector and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the Collector shall refer such difference to the decision of the Authority.

78. Power to enter and take possession and compensation on restoration.

(1)On payment of such compensation, or on executing such agreement, or on making a reference under Section 60, the Collector may enter upon and take possession of the land, and use or permit the use thereof in accordance with the terms of the said notice.

(2)On the expiration of the term, the Collector shall make or tender to the persons interested compensation for the damage (if any) done to the land and not provided for by the agreement, and shall restore the land to the persons interested therein:Provided that, if the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require, the Government shall proceed under this Act to acquire the land as if it was needed permanently for a public purpose.

79. Difference as to condition of land.

- In case the Collector and persons interested differ as to the condition of the land at the expiration of the term, or as to any matter connected with the said agreement, the Collector shall refer such difference to the decision of the Authority concerned.

Chapter Xll
Offences and Penalties

80. Punishment for false information, mala fide action, etc.

(1)If a person, in connection with a requirement or direction under this Act, provides any information that is false or misleading, or produces any false document, he shall be liable to be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one lakh rupees, or with both.

(2)Any compensation or rehabilitation and resettlement benefit availed of by making a false claim or false representation or impersonation, or through fraudulent means shall be liable to be recovered by the Government in the manner as may be prescribed.

(3)Disciplinary proceedings may be drawn up by the disciplinary authority against a Government servant, who if proved to be guilty of a mala fide action in respect of any provision of this Act, shall be liable to such punishment including a fine as the disciplinary authority may decide.

81. Penalty for contravention of provisions of Act.

- If any person contravenes any of the provisions relating to payment of compensation or rehabilitation and resettlement, every such person shall be liable to a punishment with imprisonment for a term of not less than six months which may extend to three years or with fine or with both.

82. Offences by Companies.

(1)Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2)Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.Explanation. - For the purposes of this section,-

(a)"company" means anybody corporate and includes a firm or other association of individuals and a Requiring Body; and

(b)"director", in relation to a firm, means a partner in the firm.

83. Offences by Government Departments.

(1)Where an offence under this Act has been committed by any person who is or was employed in the State Government, at the time of commission of such alleged offence, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:Provided that nothing contained in this section shall render any person liable to any punishment if such person proves that the offence was committed without his knowledge or that such person exercised all due diligence to prevent the commission of such offence.

(2)Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a Department of the Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any officer, other than the head of the department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

84. Cognizance of offences by court.

- No court inferior to that of a Chief Judicial Magistrate or a Judicial Magistrate of the first class shall be competent to try any offence punishable under this Act.

85. Offences to be non-cognizable.

- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 every offence under this Act shall be deemed to be non-cognizable.

86. Offences to be cognizable only on complaint filed by certain persons.

- No court shall take cognizance of any offence under this Act which is alleged to have been committed by a Requiring Body except on a complaint in writing made by the Collector or any other officer authorised by the Government or any member of the affected family.

Chapter XIII
Miscellaneous

87. Magistrate to enforce surrender.

- If the Collector is opposed or impeded in taking possession under this Act of any land, he shall, if a Magistrate, enforce the surrender of the land to himself, and if not a Magistrate, he shall apply to a Magistrate and such Magistrate shall enforce the surrender of the land to the Collector.

88. Service of notice.

(1)Save as otherwise provided in Section 62, the service of any notice under this Act shall be made by delivering or tendering a copy thereof signed, in the case of a notice, by the officer therein mentioned, and, in the case of any other notice, by order of the Collector.

(2)Whenever it may be practicable, the service of the notice shall be made on the person therein named.

(3)When such person cannot be found, the service may be made on any adult member of his family residing with him; and, if no such adult member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in the office of the Collector or in the court-house, and also in some conspicuous part of the land to be acquired:Provided that, if the Collector shall so direct, a notice may be sent by post, in a letter addressed to the person named therein at his last known residence, address or place of business and also publish the same in at least two local daily newspapers and also on his website.

89. Completion of acquisition not compulsory, but compensation to be awarded when not completed.

(1)The Government shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken.

(2)Whenever the Government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said land.

90. Acquisition of part of house or building.

(1)The provisions of this Act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building shall be so acquired:Provided that, if any question shall arise as to whether any land proposed to be taken under this Act does or does not form part of a house, manufactory or building within the meaning of this section, the Collector shall refer the determination of such question to the Authority concerned and shall not be taken possession of such land until after the question has been determined.

(2)In deciding on such a reference made under the proviso to sub-section (1), the Authority concerned shall have regard to the question whether the land proposed to be taken, is reasonably required for the full and unimpaired use of the house, manufactory or building.

(3)If, in the case of any claim under this Act, by a person interested, on account of the severing of the land to be acquired from his other land, the Government is of opinion that the claim is unreasonable or excessive, it may, at any time before the Collector has made his award, order the acquisition of the whole of the land of which the land first sought to be acquired forms a part.

(4)In the case of any acquisition of land so required no fresh declaration or other proceedings under Sections 11 to 19, (both inclusive) shall be necessary; but the Collector shall without delay furnish a copy of the order of the Government to the person interested, and shall thereafter proceed to make his award under Section 23.

91. Acquisition of land at cost of a local authority or Requiring Body.

(1)Where the provisions of this Act are put in force for the purpose of acquiring land at the cost of any fund controlled or managed by a local authority or of any Requiring Body, the charges of land incidental to such acquisition shall be defrayed from or by such fund or Requiring Body.

(2)In any proceeding held before a Collector or Authority concerned in such cases the local authority or Requiring Body concerned may appear and adduce evidence for the purpose of determining the amount of compensation:Provided that no such local authority or Requiring Body shall be entitled to demand a reference to the Authority concerned under Section 60.

92. Exemption from income-tax, stamp duty and fees.

- No income tax or stamp duty shall be levied on any award or agreement made under this Act, except under Section 44 and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.

93. Acceptance of certified copy as evidence.

- In any proceeding under this Act, a certified copy of a document registered under the Registration Act, 1908 (16 of 1908), including a copy given under Section 57 of that Act, may be accepted as evidence of the transaction recorded in such document.

94. Notice in case of suits for anything done in pursuance of Act.

- No suit or other proceeding shall be commenced against any person for anything done in pursuance of this Act, without giving to such person a month's previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient amendments.

95. No change of purpose to be allowed.

- No change from the purpose or related purposes for which the land is originally sought to be acquired shall be allowed:Provided that if the land acquired is rendered unusable for the purpose for which it was acquired due to a fundamental change because of any unforeseen circumstances, then the Government may use such land for any other public purpose.

96. No change of ownership without permission to be allowed.

- No change of ownership without specific permission from the Government shall be allowed.

97. Return of unutilized land.

- When any land, acquired under this Act remains unutilized for a period specified for setting up of any project or for five years whichever is later from the date of taking over the possession, the same may be returned to the original owner or owners or their legal heirs, as the case may be, or to the Land Bank of the Government by reversion in the manner as may be prescribed by the Government.Explanation. - For the purpose of this section, "Land Bank" means a governmental entity that focuses on the conversion of Government owned vacant, abandoned, unutilised acquired lands and tax-delinquent properties into productive use.

98. Provisions to be in addition to existing laws.

- The provisions of this Act shall be in addition to and not in derogation of, any other law for the time being in force.

99. Option of Government to lease.

- Notwithstanding anything contained in this Act, the Government shall, wherever possible, be free to exercise the option of taking the land on lease, instead of acquisition, for any public purpose referred to in sub - section (1) of Section 3.

100. Provisions of this Act not to apply in certain cases or to apply with certain modifications.

(1)Subject to sub-section (3), the provisions of this Act shall not apply to the enactments relating to land acquisition specified in the Third Schedule.

(2)Subject to Section 101, the Government may, by notification, omit or add to any of the enactments specified in the Third Schedule.

(3)The provisions of this Act relating to the determination of compensation in accordance with the First Schedule, rehabilitation and resettlement in accordance with Second Schedule and infrastructure amenities in accordance with the provision of Section 32 of this Act shall apply to the enactments relating to land acquisition specified in the Third Schedule with effect from the publication of the Act in the official Gazette.

101. Power to amend Schedule.

(1)The Government may, by notification, amend or alter any of the Schedules to this Act, without in any way reducing the compensation or diluting the provisions of this Act relating to compensation or rehabilitation and resettlement;

(2)A copy of every notification proposed to be issued under sub-section (1), shall be laid in draft before the Legislative Assembly, while it is in session, for a total period of thirty days which may be compromised in one session or in two or more successive sessions aforesaid, the House agree in disapproving the issue of the notification or the House agree in making any modification in the notification, the notification shall not be issued or as the case may be, shall be issued only in such modified form as may be agreed upon by the House.

102. Power to make rules.

- The State government may, by notification in the official gazette, make rules for the purpose of carrying out the provisions of this Act. Every rule made by the Government under this Act shall be laid as soon as may be after it is made, before State Legislative Assembly.

103. Power to remove difficulties.

- If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, make such provisions or give such directions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the removal of the difficulty:

104. Repeal and savings.

(1)The Land Acquisition Act, 1894 (No. 1 of 1894) as adapted in the State of Mizoram along with its subsequent State Amendment Act, 2011 (Act No. 10 of 2011) hereby stand repealed.

(2)Save as otherwise provided in this Act, the repeal under sub-section (1) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeals.

(3)The Mizoram (Land Acquisition, Rehabilitation and Resettlement) Ordinance, 2015 (1 of 2015) is hereby replaced.

(4)Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.The First Schedule[See section 30 (2)]Compensation For Land OwnersThe following components shall constitute the minimum compensation package to be given to those whose land is acquired as referred to in clause (c) of section 2 in a proportion to be decided by the Government.

Serial No.	Component of compensation package in respectof land acquired under the Act	Manner of determination of value	Date of determination of value
(1)	(2)	(3)	(4)
1.	Market value or consented amount	To be determined as provided under section 26or 27 (2)
2.	Value of assets attached to land or building	To be determined as provided under section 29.
3.	Solatium	Shall be determined according to the followingcategories over the market value of land and value of assetsattached to land or building :
		Category - I
		(a) Land, assets or building inherited from theforefather by the present owner or occupants legally for notless than thirty years in which the building or land or assetsis the main source of livelihood for the occupants or ownershall be paid not more than one hundred per cent and not lessthan seventy per cent;
		(b) Land, assets or building inherited from theforefather by the present owner or occupants legally for notless than thirty years in which the building or land or assetsis not the main source of livelihood for the occupants or ownershall be paid not more than seventy per cent and not less thanfifty per cent.
		Category - II
		(a) Land, assets or building which is notinherited from the forefather but acquired legally by thepresent owner or occupants and main source of livelihood orincome for the occupants or owner for more than twenty yearsshall be paid not more than fifty per cent and not less thanforty per cent.
		(b) Land, assets or building which is notinherited from the forefather but acquired legally by thepresent owner or occupants and not the main source of livelihoodor income for the occupants or owner for more than twenty yearsshall be paid not more than forty per cent and not less thanthirty per cent.
		Category - III
		(a) Land, assets or building acquired legallyby the present owner or occupants and used for dwelling and mainsource of livelihood or income for the occupants or owner formore than ten years shall be paid not more than thirty per centand not less than twenty per cent.
		(b) Land, assets or building acquired legallyby the present owner or occupants not for dwelling but for mainsource of livelihood or income for the occupants or owner formore than ten years shall be paid not more than twenty per centand not less than ten per cent.
		(c) Land, assets or building acquired legallyby the present owner or occupants not for dwelling and not formain source of livelihood or income for the occupants or ownerfor not more than ten years shall be paid not more than ten percent.
		Provided that on assessing the value of landthe officials so detailed to assess shall physically verify theland, assets or building on whether the claim made is notillegal.
4.	Final award	Market value of land plus value of assetsattached to land or building, and amount of solatium with aninterest to be paid mentioned against serial number 4 undercolumn (2) or consented amount under Section 27 (2).
5.	Other component, if any, to be included

Note. - The date on which values mentioned under column (2) are determined should be indicated under column (4) against each serial number.The Second Schedule[See sections 31 (1), 38 (1) and 100 (3)]Elements of Rehabilitation and Resettlement Entitlements For All The Displaced Familes On Compulsory Acquisition Whose Livelihood Is Primarily Dependent On Land Acquired In Addition To Those Provided In The First Schedule.

Serial No.	Elements ofRehabilitation and Resettlement Entitlements acquired under theAct	Entitlement /provision	Whether providedor not (if provided, details to be given
(1)	(2)	(3)	(4)
1.	Provision of housing units in case ofdisplacement	(1) If a house is lost in rural and urbanareas, a constructed house shall be provided, which will be notless than 50 sq. m in plinth area.
		(2) The benefits listed above shall also beextended to any displaced family which is without homestead landand which has been residing in the area continuously for aperiod of not less than three years preceding the date ofnotification of the affected area and which has beeninvoluntarily displaced from such area:
		Provided that any such family in rural andurban areas which opts not to take the house offered, shall geta one-time financial assistance for house construction, whichshall be one lakh twenty thousand rupees for rural areas and onelakh fifty thousand rupees for urban areas :Provided furtherthat no family displaced by acquisition shall be given more thanone house under the provisions of this Act.
		Explanation.-The houses in urban areas may, ifnecessary, be provided in multi-storied building complexes.
2.	Choice of Annuity or employment	(a) The Government may, if felt needed, ensurethat the displaced families are provided with annuity policiesthat shall pay not less than two thousand rupees per month perfamily for twenty years, with appropriate indexation to theConsumer Price Index for Agricultural Labourers; or
		(b) where jobs are created through the project,after providing suitable training and skill development in therequired field, make provision for employment at a rate notlower than the minimum wages provided for in any other law forthe time being in force, to at least one member per affectedfamily in the project or arrange for job in such other projectas may be required.
3.	Subsistence grant for displaced Each displacedfamilies for a period of one year	family which is displaced from the landacquired shall be given a monthly subsistence allowanceequivalent to three thousand rupees per month for a period ofone year from the date of award.
4.	Transportation cost for displaced families	Each displaced family which is displaced shallget a one-time financial assistance up to fifty thousand rupeesas transportation cost for shifting of the family, buildingmaterials, belongings and cattle or as decided by the DistrictCollector.
5.	Cattle shed/petty shops cost	Each displaced family having cattle or having apetty shop shall get one-time financial assistance of suchamount as the Government may, by notification, specify subjectto a maximum of twenty-five thousand rupees for construction ofcattle shed or petty shop as the case may be.
6.	One-time grant to artisan, small traders andcertain others	Each displaced family of an artisan, smalltrader or self-employed person or an affected family which ownednon-agricultural land or commercial, industrial or institutionalstructure in the affected area, and which has been involuntarilydisplaced from the displaced area due to land acquisition, shallget one-time financial assistance of such amount as theGovernment may, by notification, specify subject to a maximum oftwenty five thousand rupees.
7.	One - time Resettlement Allowance	Each displaced family shall be given a one-time"Resettlement Allowance" not exceeding fifty thousandrupees only.
8.	Stamp duty and registration fee	(1) The stamp duty and other fees payable forregistration of the land or house allotted to the displacedfamilies shall be borne by the Requiring Body.
		(2) The land for house allotted to thedisplaced families shall be free from all encumbrances.
		(3) The land or house allotted may be in thejoint names of wife and husband of the displaced family.

The Third Schedule(See section 100)List of Enactments Regulating Land Acquisition and Rehabilitation And Resettlement

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State of Mizoram - Act