The Mizoram Survey & Record Operations Act, 1994

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NOTIFICATION
No. 12018/4/94-LJD, the 8th April, 1994. The following Act of the Mizoram Lagislative Assembly, which
received the assent of the Governor of Mizoram here by published for general information.
The Mizoram Act No 6 of 1994
The Mizoram Survey & Record Operations Act, 1994,
(Received the assent of the Governor of Mizoram on the 5th April, 1994.)
AN
ACT
PREAMBLE
Council to provide for the survey of lands in the State and the preparation of land records thereof
and for settlement of boundary disputes and for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of Mizoram in the Forty-fifth Year of the Republic of India as
follows:
CHAPTER-1
PRELIMINARY
1. (1) This Act may be called the Mizoram Survey and Record Operations Act,
1994.
(2) It shall extend to the whole of the State of Mizoram.
(3) It shall come into force on such dates as the Government may by notification
in the official Gazette, appoint and“different dates may be appointed for different ar-
eas.
Vol XXIII Aizawl, Friday V aisakha 2. 22.4.1994 S.E. 1916 Issue No. 52
Regd. No. NE 907
Short title extent
and comencement
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2. In this Act, unless the context otherwise requires :-
(a) "Chainman" means one that has care and hold of chain measuring tape, in-
strument used to measure, lay out, demarcate land or estate or field or plot in lands and
includes for identification of boundaries and all other operations antecedent operated
by Surveyor:
(b) “Competent authority” in relation to any provision. means any officer ap-
pointed by the State Government to be the competent authority for the purpose of that
provision:
(c) "Director" means the Director of Survey and Land Records, Mizoram and
includes such other Officer as may be empowered by Government in this behalf and
the word  ‘Additional Director' shall be construed accordingly:
(d) “Government” means the State Government of Mizorama
(e) “land” includes land covered with water or under any forest established or
constituted under any law, customs, or practice, agriculture or non-agricultural land,
waste or arable land and land under any cultivation or otherwise;
(f) “Local authority” means and includes Municipal Board, Village Council, Ad-
ministrative Officer and Notified Area Committee, or Village Development Commit-
tee, as may be constituted by Government;
(g) “Prescribed” means prescribed by rules made by the Government under this
Act;
(h) “registered land holder” means any person who lawfully holds any land un-
der Government or District Council;
(i) “registered land" means any land hold with the land settlement certificate/
pass/permit/periodic patta/Lease granted by competent authority:
(j) “State” means the State of Mizoram, and the word State Government shall
be construed accordingly;
(k) “Survey” includes all operations incidental to the identification, determina-
tion, measurement, demarcation and record of any land or boundary or boundaries or
any part of a boundary and includes a re-survey;
(l) “Survey mark” means any mark or object, erected, made, employed or
specified by a Survey Officer to indicate or determine or assist in determining the
position or level or any point or points;
Definitions
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(m) “Survey Officer” means any Officer appointed by the Government as a Sur-
vey Officer under section 3;
(n) “Village Assistant” means a Government servant appointed under or em-
ployed for the purposes of this Act to each Village or group of villages for the mainte-
nance and correction of land records and for such other duties as the State Govern-
ment may prescribe.
3. (1) The State Government or such officers as may be authorised by the State
Governemt in this behalf may, by notification in official Gazette, appoint the following
classes of Officers, namely :-
(a) A Director for the whole of the State and as many Additional Director as
may be necessary from time to time.
(b) A Survey Officer either by name or by virtue of his office for all or any of the
purpose of this Act.
(2) All the Survey Officers in the Survey and Land Records Department shall
be subordinate to the Director.
(3) The Director shall be in charge of all matters relating“to survey, measure-
ment, demarcation and valuation of any land or local area or any boundary, assess-
ments and settlements of land revenue and the settlement of boundaries, preparation,
revision and maintenance of land records throughout the State and shall in respect
thereof exercise such powers and discharge such duties as are conferred on him by or
under this Act or any other law for the time being in force.
(4) Subject to the control of the Government, the Director or authority ap-
pointed by the Government in this behalf, every officer appointed as Survey Officer
shall exercise the powers and form the duties of a Survey Officer within such local
limits as the Government may, from time to time, direct.
(5) The Government may, by notification in the Official Gazette, delegate that
the power exereisable by them under sub-sections (3) and (4) may also be exercised
by such Officer or authority, subject to such restrictions and conditions, as may be
specified in the said notification.
Appoinment du-
ties and functions
of Survey Officer
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CHAPTER - II
SURVEY AND RECORD OPERA TION
4. Subject to the control of the Government, the Director authority authorised by the
Government in this behalf may by notification in the Official Gazette, direct that survey
of survey of any land or any local area or any boundary of a land, as may be specified
in the order, Shall be made and every such land or local area or of any boundary of any
land shall from the date of the said notification, be held to be unsurvey and record
operations, until the issue of another notification declaring such operations to be closed
therein.
5. The State Government or subject to the control of the Govement, Director or
authority authorised by the Government in this behalf, may likewise direct, in respect
of any land or any local area or of any boundary of any land which was already been
surveyed that a general or partial revision of the records of such local area shall be
made and thereupon such any land or any local area or of any boundary of any land
shall be held to be under record operations until such operations are similarly closed..
6. (1) When any Survey or Record Operation is ordered under section 4 or sec-
tion 5. the Director or the Survey Officer shall publish a notification in the Official
Gazette in the prescribed manner inviting all persons having any interest in the land or
in the boundaries of which the survey or record operation has been ordered, either in
person or by agent at a specified place and time and from time to time thereafter when
called upon for the purpose of pointing out boundaries and supplying information in
connection there with.
(2) A notification published under sub-section (1) shall be held to be a valid
notice to any person having any interest in the land or in the boundaries of which the
survey or record operation has been ordered.
(3) Such notification as published under sub-section (1) shall further require
every person, whether a registered land holder or not, having interest in the land or in
the boundaries of which the survey has been ordered, to-
(a) clear within a specified period by cutting down or removing any trees,
jungle, fences, standing crops or other materials obstractions, the boundaries or other
lines, the clearance of which may be necessary for the purpose of the survey;
(b) provide labour at such times from time to time, be required by to Chain-
man; and
(c) provide suitable survey marks and assistance in the survey as may be
demanded under this Act or the rule made thereunder.
Notification to be
published by Sur-
vey Officers
Record Operation
Power of the
State Government
to order Survey or
re Survey
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(4) If any person fails to comply with any requisition of a Director or a Survey
Officer made under clauses (a), (b) or (c) of sub-section (3), the Director or the
Survey Officer may himself employ hired labour and Chairman of such member for the
purpose of survey as he considers necessary.
(5) The cost of the labour and Chainrman employed and of the Survey marks
used in such cases shall be determined and apportioned in the prescribed manner
among the persons who have any interest in the land or in the boundaries of which the
survey has been ordered, and shall be recoverable from such persons and apportion-
ment shall be given in the prescribed manner to the person aforesaid.
7. Notwithstanding anything contained in sub-sections (3), (4) and (5) of section 6,
whenever it may appear to the Government may be defraved to be desirable that the
cost of all or any of the operations in the first instance prescribed in clauses (a), (b) and
(c) of sub-section (3) of the section 6 shall be defraved in the first instance by the
Government in certainment, it may issue a notification that such cost shall be derayed in
the first instance by the Government.
8. Every Survey Officer shall be bound to carry out the survey and record operation
in the manner prescribed. Survey and record operation to be carried out in prescribed
9. For the purpose of any survey , inquiry or other proceedings under this Act, any
Survey Officer and any person acting under the orders of a Survey Officer shall have
power to enter upon and survey, examine and measure any land and erect marks
thereon and demarcate the boundaries or their lines thereof and do all other acts nec-
essary for the proper performance of that duty .
10. (1) The Survey Officer shall have power to determine and record as undisputed
and boundary in respect of which no dispute is brought to his notice.
(2) Notice of every decision of the Survey Officer under section (1) shall be
given in the prescribed manner to the registered land holders, the boundaries of which
may be affected by the decision.
11. (1) Where a boundary is disputed, the Survey Officer shall after making such
inquiries as he considers necessary determine the boundary and record it in accor-
dance with his decision with reasons in writing for arriving at that decision.
(2) Notice of every decision of the Survey Officer under sub-section (1) shall
be given in the prescribed manner to the parties to the dispute and other registered
land holders the boundaries of which may be affected by the decision.
12. (1) The Survey Officer shall, in accordance with rules made by the State Gov-
ernment in that behalf, prepare or cause to be prepared maps, field books and such
Preparation of
survey maps, field
books, and rgister,
etc.
Power of Survey
Officer to deter-
mine and rcord a
disputed boundary
with reasons
Power to record
boundary as un-
disputed
Entry upon lands
Survey and record
operation to be
carried out in pre-
scribed manner
Cost of survey
Operations may
be defrayed in the
first instance by
the Government in
certain cases
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registers and other documents as may be prescribed of all lands or for each Village or
portion of a village or part of any local areas which are to be, or have been surveyed
and demarcated under this Act.
(2) If at the time of survey, the boundary of any land or field be undisputed, and
its correctness be affirmed by any village authority then present, it may be defined and
demarcated as pointed out by the owner, holder, occupier or person agent of the land
holder.
(3) In case of dispute regarding boundary, ownership, possession or other rights
in respect of any land, the nature of the dispute and the names of the parties thereof
shall be entered in the relevant registers and other relevant documents.
13. in respect of every local area under Survey and Record Operations or only under
record operation, the Survey Officer shall frame for each village or portion of a village
comprised therein a record-of-rights or standing record.
14. The record-of-rights shall be prepared in such manner as may be prescribed by
the State Government and shall consist of the following, namely :-
(a) A statement showing, so far as may be applicable;
(b) The names and address of the registered land holders together with survey
numbers of field or plot hold by them and their location, areas and classification of
land;
(c) The names of persons who are co-shares, mortgagecs, tenants or assignees
of the rent or revenue thereto:
(d) The nature and extent of the interests of those persons, and the conditions
and liabilities attaching thereto;
(e) The land revenue, taxes, rent, rates, cesses or other payments due from and
to each of those persons and to the Government :
(f) A map of the Village or area:
(g) A boundary description of parcel of the land, and
(h) Such other records or registers as may be prescribed by the State Govern-
ment.
15. (1) All undisputed entries in the record of rights shall be attested by the parties
interested and all disputes regarding such entries whether taken up by the Survey
Attestation of en-
tries and decision
of dispute
Contents of record
of right
Preparation of
record-of-right
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Officer of his own motion or upon application by any party interested, shall be dis-
posed of by bim in accordance with the procedure prescribed under this Act.
(2) No order as to possession passed under this section shall debar any person
from establishing his right to the property in any civil or revenue court having jurisdic-
tion.
16. (1) When the survey and record operation or the record operations, as the case
may be, have been completed, the Survey Officer shall notify the fact in the Official
Gazette and a copy of such notification shall be pasted in the village office if any, of the
Village to which the survey related.
(2) When all objections have been considered and disposed of in accordance
with the rules made in this behalf, the maps, records and other registers and document
so prepared shall be presumed to be corrected.
17. (1) Every registered land holder shall be supplied by the competent authority
with a patta pass book containing a copy of the record-of-rights pertaining to such
land.
(2) The patta pass book shall also contain information regarding the payment of
land revenue in respect of the land held and other State Government dues of the holder
or, as the case may be, land and the areas of crop sown in it as shown in the village
records, and such other particulars as may be prescribed.
(3) The patta pass book shall be prepared, issued and maintained in accor-
dance with the rule made by the State Government in that behalf, such rules may
provide for fees to be charged for preparing, issuing and maintaining the book.
18. (1) Any person whose rights and interest of liabilities are required to have been
entered in any record or register under this Act or any other Act which is operated by
the Revenue Department shall be bound, on the requisition of any officer engaged in
compiling or registering the record or register, to furnish or produce for his inspection
within thirty days from the date of such requisition, all such information or documents
needed for the correct compilation or revision thereof, as may be within his knowledge
or in his possession or power.
(2) An officer to whom any information is furnished or before whom any docu-
ments is produced in accordance with a requisition under sub-section (1) shall at once
give a written acknowledgement thereof to the person furnishing or producing the
same or may return the same immediately after keeping a copy of it, if necessary , and
shall endorse on any such documents a note under his signature stating the fact of its
producing and the date thereof.
Obligation fo fur-
nish information
Patta pass book
Completion of Sur-
vey and record
operation to be
notified
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(3) Any person who fails to furnish information or produce the documents re-
quired by sub-section (1) within the period specified in the said sub-section shall be
liable to pay a penalty not exceeding one thousand rupees, as may be fixed by the
competent authority and the amount payable as penalty shall be recoverable as an
arrear of land revenue :
Provided that no penalty shall be imposed under this sub-section without giving to
the person concerned a reasonable opportunity to be heard.
19. It shall be lawful for any officer authorised in this behalf to specify or cause to be
constructed, laid out, maintained or repaired, boundary marks of villages or survey
numbers or sub-divisions or Survey Stations and to assess all charges in-curred thereby
and an interest on any land which has been surveyed under this Act.
20. (1) Every registered land holder shall be responsible for the“Tities for main-
maintenance and good repair of the boundary marks of his“taining boun holding and
for any changes reasonably incurred on account“dary marks“of the same by the Sur-
vey Officer or such other authority as“may be prescribed, if such marks are injured,
destroyed,“altered, removed or disrepaired.
(2) It shall be the duty of the village council to prevent the destruction or
unauthorised alteration of the village boundary marks.
21. Any person wilfully erasing, removing or damaging or altering a boundary marks
shall, on conviction, be punishable with imprisonment for a term which may extend to
one year or with fine not exceeding one thousand rupees or with botn.
22. The holder of any land or premises or any person who have interested in the land
which has been surveyed under this Act shall be liable to pay to the Officer or authority
incharge of the survey a survey fee at such rate and in such manner within such time
and to such extent as the State Government may prescribe. Any Survey fee not so paid
shall be recoverable as an arrear of land revenue.
23. There shall be maintained for every village a register of mutation in such form as
may be prescribed.
24. (1) Any person acquiring by succession, survivorship. inheritance, partition, pur-
chase, exchange, mortgage, gift, lease or otherwise, any right in land, shall report in
writing his acquisition of such right to the competent authority within three months from
the date of such acquisition, and the said officer shall at once give a written
acknowledgement of the receipt of the report of the person making it!;
Acquisition of
right to be re-
ported
Register of muta-
tion
Survey fee
Penalty for re-
moving boundary
marks
responsibilities for
maintaining
boundary marks
Construction and
repair of boundary
marks
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Provided that where the person acquiring the right is a minor or otherwise dis-
qualified, his guardian or other person having charge of his property shall make the
report to the competent authority .
25. (1) There shall be maintained for every village a register of disputed cases in such
form as may be prescribed.
(2) The competent authority shall enter the particulars of objections in the regis-
ter of disputed cases and shall at once give a written acknowledgement in the pre-
scribed form for the objection to the person making it.
(3) No disputed cases shall be admitted and enter in the register of disputed
case without payment of process fee as may, from time to time, be prescribed by the
State Government.
26. (1) All maps, registers and other documents connected with“the survey ap-
proved by the State Government shall be deposited in the Office of the Officer or
authority in charge of the Survey.
(2) All such maps, registers, and other documents shall be maintained by such
Officer or authority as in sub-section (1) in the prescribed manner.
(3) Such Officer or authority as in sub-section (1) shall cause maps and the
records to be revised or corrected therein all changes that may take place any transac-
tion that may affect any of the rights or interests recorded, in the prescribed manner
and at prescribed intervals, by such officer as may be appointed in this behalf by or
with the approval of the State Government.
(4) The Officer appointed under sub-section (3) for the purpose of revising any
map or correcting entries in any register or other documents shall exercise such power
as may be prescribed.
27. (1) All maps, registers and other documents referred to in sub-section (1) of
section 26 shall be opened to public inspection in such manner, within such hours and
at such places, subject to such conditions and on payment of such fees as the State
Government may prescribe.
(2) Certified copies of, or extracts of such maps, registers, and documents as in
sub-section (1) shall be granted on payment of such copying fees and in such manner
as the State Government may prescribe.
28. (1) The State Government or the authority authorised by“the Government may,
by notification stating reasons, cancel the Patta Pass Book for any of the following
grounds namely:-
Cancellation of
Patta Pass Book
Inspection and
grant of copies of
extracts from
Maps, Registers
and other docu-
ments
Maintenance of
maps and records
Register of dis-
puted cases
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(a) If, at any time, the State Government is satisfied that the Officer or authority
is not competent to perform or makes default in the performances of the duties im-
posed on it by or under this Act or any other law for the time being in force or exceeds
or abuses its power; or
(b) If a decree or order is passed by a competent court or authority with respect
to offences relating to deeds or documents or forgery or making a false document; or
(c) If a decree or order is passed by a competent court in a suit or other pro-
ceedings with respect to the holding for which a Patta Pass Book was granted shows
that the holder“was not entitled to the Patta Pass Book; or
(d) If the Patta Pass Book was obtained by means of an untrue allegation of a
fact essential in point of law to justify that grant thereof, though such allegation was
made in ignorance or inadvertently; or
(e) If the Patta Pass Book was obtained by making of a false suggestion or
statement, or by the concealment from the Survey Officer or authority of something
materiais case; or
(f) If there was non-payment of land revenue, taxes, rent, cess and rates legally
assessed or imposed in respect to the land; or
(g) If the land has been used for any other purpose than original purpose for
which the land was alloted without the written permission of the State Government or
the competent authority; or
(h) If the land have been acquired by the Government for public purpose in
accordance to the provisions of any law in force for the time being relating to acquisi-
tion of the land, or
(i) If there was violation of any of the terms and conditions of any engagement
into which the registered land holder have been entered with the State Government.
(2) No Patta Pass Book shall be cancelled unless the Patta Pass Book holder
or person interest therein has been given reasonable opportunity of showing cause
against the cancellation.
(3) Where the Patta Pass Book is cancelled under sub-section (1) the person
who deposited the amount for that Patta Pass Book shall be entitled to its refund.
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CHAPTER-III
MISCELLANEOUS PROVISION
29. The State Government may, by notification, direct that all or any of the provisions
of this Act shall not apply to such areas, land or classes of lands as may be specified in
the notification.
30. Except as provided in this Act, any cost, fines, expenses or any amount which is
payable under this Act or the rules made thereunder may be recovered as arrear of
land revenue.
31. The Director or the Survey Officers shall, for the purpose have the survey, de-
marcation of boundaries, enquiry and disposal of objections and preparations of records
under this Act, have the power of a Civil Court under the Code of Civil procedure,
1908 (Act 5 of 1908) in respect of the following matters, namely :-
(a) Summoning the attendance of any person;
(b) Requiring the production of any documents; and
(c) Examining any person on oath.
32. No suit, prosecution or other legal proceeding shall lie against any official of the
Government for anything which is in good faith done or purporting to be done under
the provisions of this Act or the rules made thereunder.
33. (1) The Government may, after previous publication on the Gazette, make rules
to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of  the fore-going power,
such rules may.-
(a) prescribe for different localities the unit of survey, the sub-divisions thereof
and the description of survey marks and provide for the maintenance, repair and re-
newal of such marks;
(b) provide for the collection and record of any information in respect of any
land which has been or is about to be surveyed;
(c) define the classes of officers to be appointed to do duty under this Act and
the powers to be exercised by such officers:
Power to make
rules
Immunity for acts
done or purporting
to be done in good
faith
Officers to have
the powers of a
Civil Court in cer-
tain matters
Collection and re-
covery of amount
due under the Act
Power to exempt
from operation of
the Act
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(d) prescribe and regulate the procedure to be followed by those officers in the
conduct of proceedings under this Act;
(e) provide for the publication of all notifications issued under this Act and for
the form, issue and service of all orders; communications and notices to be issued,
communicated, given“or served under this Act;
(f) regulate the furnishing of survey marks, labour and other matters necessary
to survey notified under this Act and the recovery of charges incidental thereto where
they are recoverable;
(g) provide for the apportionment of all charges directed to be apportion by this
Act and for the determination cost of labour and the chainman employed marks in any
survey:
(h) regulate the construction, laying out, meintenance and repair of boundary
marks:
(i) prescribe the record, field books. registers accounts, maps and plans, to be
maintained for the purpose of this Act and the manner and forms in which they shall be
prepared and maintained;
(j) regulate the preparation, maintenance and revision of the record of rights
and the registers of mutation and disputed cases and prescribing the forms in which
they are to be prepared and the officers by whom the said records and registers are to
be maintained, tested and revised;
(k) prescribe the procedure for preparation, maintenance and issue of Patta
Pass Book and the fee, if any, payable for its preparation, issue and maintenance, and
matter relating thereto;
(l) prescribe the procedure and manner of collection and recovery of any fines,
costs, expenses and other dues;
(m) prescribe the fees payable for survey or process and certified copies granted
under this Act;
(n) provide for the officers who should hear and decide disputes regarding rights
in or over any property claimed or against the Government and the procedure to be
followed by them;
(o) provide for the hearing and disposal of objections to any entry or permission
in the record of rights and the registers of mutation;
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(p) provide for the correction of bonafide errors and mistake in the records,
registers and maps prepared under this Act:
(q) provide for the maintenance of maps and records and up-dating of land
records;
(r) provide for the form of summons and other processes, notices, orders and
the proclamations to be issued or made by Director or Survey Officer or any Revenue
Officers and the manner of their services;
(s) Any other matter that is to be or may be prescribe under this Act.
(3) Every rule made uuder this Act shall be laid as soon as may be after it is made
before the Legislative Assembly while it is in session for a total period of seven days
which may be comprised in one session or in two successive session, and if before the
expiry of the session in which it is laid or the successive session aforesaid, the Legisla-
tive Assembly agree in making any modification in the rule or the House agree that rule
should not be made. the rule shall thereafter have effect only in such modified form or
be of no effect, as the case may be: so, however, that any such modification or annualment
shall be without prejudice to the validity of anything previously done under the rule.
Dr H. C. THANHRANGA,
Secretary to the Govt. of Mizoram
Law, Judicial & Parliamentary Affairs Department.
CERTIFICA TE
This Bill was passed by the Mizoram Legislative Assembly on the 17th March, 1994.
Aizawl VAIVENGA,
The........ 1994.    Speaker,
Mizoram Legislative Assembly.
MIZORAM LEGISLA TIVE ASSEMBL Y
Legislative Assembly Bill No. 4 of 1994.
to provide for the Survey of lands in the State and the preparation of land records thereof and for settle-
ment of boundary disputes and for matters connected therewith or incidental thereto.
[PU P .C. BAWITLUANGA
MINISTER FOR REVENUE]
[As passed by the Legislative Assembly on 17th March, 1994]
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CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
3. Appointment, duties and functions of Survey Officers.
CHAPTER - II
SURVEY & RECORD OPERA TIONS
4. Power of the State Government to order Survey or re-survey.
5. Record Operations.
6. Notifications to be published by Survey Officers.
7. Cost of Survey Operations may be defrayed in the first instance by Government in certain cases.
8. Survey and record operations to be carried out in the prescribed manner.
9. Entry upon lands.
10. Power to record boundary as undisputed.
11. Power of Survey Officer to determine and record a disputed boundary with reasons.
12. Preparation of Survey Maps, Field Books and Registers etc.
13. Preparation of Record-of-rights.
14. Contents of Record-of-right.
15. Attestation of entries and decision of disputes.
16. Completion of Survey and record operations to be notified.
17. Patta Pass Book.
18. Obligation to furnish information.
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19. Construction and repair of boundary marks.
20. Responsibilities for maintaining boundary marks.
21. Penalty for removing boundary marks.
22. Survey fees.
23. Register for mutations.
24. Acquisitions of right to be reported.
25. Register of disputed cases.
26. Maintenance of maps and records.
27. Inspection and grant of copies of extracts from maps, registers and other documents.
28. Cancellation of Patta Pass Book.
CHAPTER-III
MISCELLANEOUS PROVISION
29. Power to exempt from operation of the Act.
30. Collection and recovery of amount due under the Act and Rules.
31. Officers to have the power of a Civil Court in certain matters.
32. Immunity for acts done or purporting to be done in good faith.
33. Power to make rules.
Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram
Printed at the Mizoram Government Press,  Aizawl.

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