The Lushai Hills District (Village Councils) (Amendment) Act, 1999

Ex-337/1999- 1 -
NOTIFICATION
No.H.12018/28/92- LJD/20, the 22nd November, 1999. The following Act of the Mlizoram Legislative
Assembly, which received the assent of the Governor of Mizoram is hereby published for general infor-
mation.
The Lushai Hills District (Village Councils)
(Amendment) Act, 1999 (Act No. 10 of 1999)
(Received the assent of the Governor of Mizoram on the 7th Nov. 1999)
AN
ACT
to further amend the Lushai Hills District (Village Councils) Act, 1953
Whereas it is expedient to further amend the Lushai Hills District (Village
Councils) Act, 1953 (Act No. V of 1953) to suit the  present situation of the State
of Mizoram and other matters connected therewith.
Be it enacted by the Legislative A ssembly of Mizoram in the Fiftieth year of the
Republic of India as follows:
1. (1) This Act shall be called the Lushai Hills District (Village Councils) (Amend-
ment) Act, 1999.
(2) It shall have the like extent as the principal Act.
(3) It shall come into force on such date as the State Government may, by
notification in the official gazette, appoint.
V ol XXVIII Aizawl, Tuesday , 23.11.1999 Agrahayana 2, S.E. 1921 Issue No. 337
Regd. No. NE 907
Short title extent
and commence-
ment
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2. In the Lushai Hills District (Village Councils) Act, 1953 (herein after referred to
as the principal Act),-
(a) after sub-section (1) or section 3, the following proviso shall be inserted, namely-
“Provided that a village once notified as a constituent of a Vil-“lage Council is
liable to be denotified at any time if the Village becomes vacant as a result of mass
migration of the villagers or if asituation arises demanding such action tor a reason-
able ground of administrative, developmental or security reasons as the Govern-
ment may decide.
(b) for clauses(a),(b),(c),(d),(e),(f),and (g) in sub-section (2) of section 3 of
the principal Act, the following clauses shall be substituted, namely-
(i) For Village not exceeding 200 houses, there shall be 3members;
 (ii) For Village with more than 200 houses but not exceeding 400 houses,
there shall be 5 members
(iii) For Village with more than 400 houses but not exceeding 700 houses,
there shall be 7 members;
(iv) For Village with more than 700 houses, but not exceeding 1500 houses,
there shall be 9 members;
(v) For Village with more than 1500 houses, there shall be11 members.
(c) for sub-section (3) of section 3, the following sub-section shall be substi-
tuted, namely-
“(3) The total number of members as determined under sub-section (2)
shall be elected by adult suffrage in accordance with Election to Village Councils
Rules made by the Government under this Act:
Provided that where an election to a Village Councils cannot be held and
the situation demands immediate constitution of such a Village Council , the Govern-
ment may appoint person not more than the total membership to hold office of the
Village Council for the particular Village as specified in sub-section (2) to sit and act
as elected members of the Village Council for a period not not exceeding one year
from  the date of the first meeting of the Village Council”.
3. In the principal Act, for sub-section (1) and sub-section (2) of section 6, the
following sub-sections shall be substituted, namely-
Amendment of
section 6
Ammendment of
section 3
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“(1) All members of a Village Council shall hold office during the life of the
Council:
Provided that in the case of a fresh election due to dissolution of a Village
Council under section 25, the members so elected shall hold office during the re-
maining term of the Village Council.
(2) A member elected to fill a casual vacancy shall hold office for the remain-
ing term of office of the member whose seat falls vacant.
4. In the principal Act, for section 26, the following section shall be substi-
tuted, namely-
26. SUB-VILLAGE OR THLA WHBA WK(1)
(1) The Government may, by order, set up at any suitable place a sub-village of a
Thlawhbawk and permit any person or persons to settle in such a place for tempo-
rary settlement, with such terms and conditions as it may lay down in the order for
such settlement.
(2) No person shall establish any sub-Village or a Thlawhbawk, other than the
sub-Village or Thlawhbawk set up by the Government under sub-section (1).
(3) If the Government is of the opinion that a situation has arisen demanding arisen
demanding stoppage or closing of any sub-Village or Thlawhbawk or any sort of
settlement at any place, including any sub-Village or Thlawhbawk already opened
under sub-section (1), it may, by order, evict the Occupants of such sub-Viliage,
Thlawhbawk or settlement after service of a notice on such person or persons indi-
vidually to vacate the place within a period of three months from the date such
notice is served upon such person or persons,as the case may be.
(4) In the event of a site of a sub-Village or a Thlawhbawk becoming vacant as a
result of mass migration of the occupants from the place, the Government may, by
order, declare such place as vacant and deserted. Thereafter nobody shall make
any sort of settlement in that place without getting fresh permission from the Gov-
ernment for such settlement ànd the Government  may, by order, evict any person
making settlement in a deserted or vacant place so declared under this sub-section
after service on such person or persons individually of a notice to vacate the place
within a period of one month as may be specified
(5). If any person fails to comply with the vacation order given under sub-section
(3) or sub-section (4) of this section after expiry of the time specified in the order,
the Government or any officer authorised in its behalf may impose a fine which may
extend to one hundred rupees per day to each family for the unauthorised  occupa-
tion so long as the occupation continues.
Amendment of
section 26
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(6) In the event of prolonged unauthorised occupation beyond six months in the
case cf sub-section (3) and three months in the case of sub-section (4) of this sec-
tion, the Government may resort to physical eviction of the defaulting occupants
from the place.
(7) The order of the Governnment passed under sub-section (5) and sub-section
(6) and of the authorised officer passed under sub-section (5) above shall be deemed
to be a degree of a competent civil court for the purpose of evicting unauthorised
occupant from the area to which this section applies
P . Chakraborty ,
Secy . Law & Judicial Dept.
Govt. of Mizoram
Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram
Printed at the Mizoram Government Press,  Aizawl. C-1000
Ex-337/1999- 5 -
C E R T I F I C A T E
This Bill was passed by the Mizoram Legislative Assembly on the
August, 1999
Dated Aizawl ( R. LALAWIA )
the .....................1999         Speaker
Mizoram Legislative Assembly
I assent to this Bill
Dated Aizawl, (A. PADMANABAN )
the ....................... 1999 Governor : Mizoram

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