The Mizoram (Land Revenue) Act, 2013 (Act No. 5 of 2013)

NOTIFICATION
No. H. 12018/229/2013-LJD, the 1 st May, 2013.   The following Act of the Mizoram Legislative
Assembly, which received the assent of the Governor of Mizoram is hereby published for general information.
The Mizoram (Land Revenue) Act, 2013 (Act No. 5 of 2013)
{Received the assent of the Governor of Mizoram on the 17th April, 2013}.
AN
ACT
to make provisions for allotment, occupation, use or setting apart of land other than any land which is a
notified forest or wildlife sanctuary, for  agricultural and non-agricultural purposes, for allotment or assignment
of rights in or over such land, for land tenures, transfer and alienation, for assessment and collection of
revenue and taxes in respect of such land and building, etc and to consolidate the laws to all such lands
relating to Land Revenue Administration in the State of Mizoram and for matters connected therewith and
incidental thereto.
It  is enacted by the Legislative Assembly of the State of Mizoram in the sixty-fourth Year of the
Republic of India as follows:-
CHAPTER- I
PRELIMINARY
1. Short title, extent and commencement
(1) This Act may be called The Mizoram (Land Revenue) Act, 2013.
(2) It shall extend to the whole of Mizoram except the area of Autonomous Districts of Lai, Mara
and Chakma.
(3) It shall come into force on such date or dates as the State Government may, by notification in
the Official Gazette, appoint, and different dates may be appointed for different provisions of
the Act.
The Mizoram GazetteEXTRA ORDINARY
Published by Authority
VOL - XLII     Aizawl,    Thursday  2.5.2013    Vaisakha   12,      S.E.  1935,      Issue No. 218
RNI  No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 Re. 1/- per page
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2 . Definitions
In this Act, unless there is something repugnant to the subject or context,
(1) “agriculture” includes horticulture, the raising of annual or periodical crops, or garden produce,
planting and upkeep of orchards or plantation, dairy farming, poultry farming, live-stock breeding,
grazing and pisciculture and the expression, “non-agriculture”, shall be construed accordingly;
(2) “agricultural land” means land which is used or is capable of being used for agricultural purposes
and includes land under homesteads occupied for residential purposes in connection with
agricultural holdings and the expression, “non-agricultural land”, shall be construed accordingly;
(3) “allotment” means allocation or apportionment of land or part of it to a specific person or body
of persons having legal entity known as the allottee by the State Government or the competent
authority in this behalf;
(4) “apartment” means and includes  a part of property intended for any type of  independent use
including one or more floors (on part or parts thereof) in a building or buildings intended to be
used for residence including group housing on co-operative basis, office, practice of any profession
or carrying on of any occupation, trade or business or for other type of independent use and
with a direct exit to a public street, road, or highway or to a common area leading to such
street, road or highway ;
(5) “apartment number” means the number, letter or combination thereof designating the apartment
in the Land Settlement (Apartment) Certificate;
(6) “apartment owner” means the person or persons owning an apartment and an undivided interest
in the common areas and facilities in the percentage specified in the Land Settlement
(Apartment) Certificate and includes an outright purchaser or a hire purchase allotee of such
apartment and undivided interest;
(7) “arrears of land-revenue” means land-revenue which remains unpaid after the date on which
it becomes payable;
(8) “benami transaction” : or “transaction in benami” means any transaction defined as such in the
Benami Transaction (Prohibition) Act, 1988 (Central Act no. 45 of 1988);
(9) “boundary” means the limits, dividing lines or partitioning of two adjoining or contiguous pieces
of land;
(10) “building” means a house, out house or other roofed structure whether masonry, brick, wood,
mud, metal or any other material whatsoever but does not include a tent or other portable and
temporary shelter;
(11) “Certificate of Land Settlement” or “Land Settlement Certificate” means a certificate granted
under section 11 of the Mizo District (Land and Revenue) Act, 1956 or section 4(2) of the
Mizo District (Agricultural Land) Act, 1963, as adapted and includes a similar certificate issued
under this Act;
(12) “Collector” means the Deputy Commissioner of a district and includes an Additional Deputy
Commissioner or any  other officer appointed by the State Government to exercise and perform
all or any of the functions of a Collector under this Act;
(13) “Common Areas and Facilities” unless and otherwise provided in the Certificate of Land
Settlement (Apartment) means –
(a) land on which a building is located;
(b) the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors,
lobbies, stairs, stairways, terrace, compound walls, fire escapes, wells, dumps and
entrances and exits of the building ;
(c) the basement, cellars, yards, gardens, parking areas and storage spaces;
(d) the premises for looking after of caretaker or persons employed for maintenance of the
property;
(e) water supply, sewerage and drainage connections and the installations of other services
like power, light gas, hot and cold water heating, refrigerator, air conditioning and incinerating;
(f) the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus
and installations existing for the common use;
(g) such other community and commercial facilities as may be prescribed and
(h) all other parts of the property necessary or convenient to its existence, maintenance and
safety, or normally in common use;
(14) “competent authority”, in relation to any provision, means any officer appointed by the State
Government to be the competent authority for the purpose of that provision under this Act;
(15) “Deputy Commissioner” means a Deputy Commissioner of a district;
(16) “Domicile of the State” or “domiciled in the State”, with reference to the State of Mizoram,
means any resident of the State, whose family has been  residing in Mizoram prior to 26 th
January, 1950;
(17) “Family” means persons such as parents, children and descendants including servants who
live in one house and use common kitchen;
(18) “farm” means a tract of land forming a single property and devoted to cultivation of land and
growing agricultural and horticultural crops including trees and bamboos, raising livestock or
aquatic animal and production of dairies and allied activities;
(19) “holding” means a parcel of land separately assessed to land revenue;
(20) “improvement,” in relation to any land, means any work or product of work which materially
adds to the value of the land and which is suitable to the land and consistent with the character
thereof.
(21) “land” means broadly any ground, soil or earth, whether covered or not, and which is or may
be utilized for agricultural or non-agricultural purposes or purposes subservient thereto and
includes benefits to arise out of such land, and things attached to the earth or permanently
fastened to anything attached to the earth;
(22) “land-holder” means holder of a parcel of land or a proprietor of land, who is responsible for
the payment of land revenue;
(23) “land revenue” means any revenue assessed by the State Government on the land and includes
any tax assessed in lieu of land revenue or all moneys described as premium, rent, lease,
money, charge, fee, cess or in any other manner, in any enactment, contract or similar instruments;
(24) “local authority” means a Municipal Board/Council, any Urban Development Authority, Town
Committee, Land Advisory Committee, Local Council or Village Council;
(25) “mutation” means the process of change or alteration or substitution of the name of the previous
land owner to the name of the new land owner;
(26) “Official Gazette” means the Mizoram Gazette;
(27) “person” includes an individual, a firm, a Company or an association or a body of individuals
whether incorporated or not;
(28) “premium” means a lump sum amount of money paid as a consideration for the allotment of
land;
(29) “prescribed” means prescribed by rules made under this Act;
(30) “private market” shall be deemed to be synonymous with the expression “bazaar” and shall
mean;-
(i) a place where persons assemble for the sale of or the purpose of exposing for sale of
meat, fish, fruits, vegetables, livestock or any other articles or food or a perishable
nature, whether or not there is any collection of shops or warehouses or stalls for the
sale of other articles in such place, or
( i i ) an y p l ac e o f trad e o r b u si n e ss o th e r th an a p lac e re fe rre d to i n sub - c l au se ( i ) w h e re
there is a collection of shops or warehouses or stalls;
(31) “Public Investment Board” means Mizoram Public Investment Board constituted for screening
and clearing proposals for using land for industrial purposes or for setting up of public institutions
namely:- schools, colleges, hospitals, or for contract farming;
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(32) “public place” means any place which is open to the common use and enjoyment of the public,
whether it is actually used or enjoyed by the public or not, and includes a common space meant
for public use;
(33) “public purpose” shall have the same meaning  as defined in clause (f) of section 3 of the Land
Acquisition Act, 1894 as amended from time to time;
(34) “rent” means whatever is lawfully payable in cash or in kind, partly in cash and partly in kind,
whether as a fixed quantity of produce or as a share of the produce, on account of the use or
occupation of land or on account of any right in land but shall not include land revenue;
(35) “Reserved Forest” means any area which is surveyed and notified as such under the Assam
Forest Regulation, 1891 or under the Mizo District (Forest) Act, 1955 or under any other law
for the time being in force in the area in question;
(36) “Revenue Officer” means an officer of any rank whosoever appointed under or employed for
the purposes of this Act;
(37) “Settlement Officer” means a Settlement Officer appointed under the Mizoram (Land Survey
and Settlement Operation) Act, 2003 (No. 4 of 2003) as amended from time to time;
(38) “shop” means any premises where any trade or business is carried on and where services are
rendered to customers;
(39) “stall” means a small shop with an open front where people sell things in it at a market or any
other place;
(40) “State” means the State of Mizoram;
(41) “State Government” or “Government” means the Government of  Mizoram;
(42) The expressions ‘Survey’, ‘Survey mark’ and ‘Survey Officer’ shall have the same meaning
as respectively assigned to these under the Mizoram (Land Survey and Settlement Operation)
Act, 2003 (No. 4 of 2003) as amended from time to time;
(43) “tax” means a sum of money collected by the collecting authorities at the rate fixed by the
Government from time to time from the domicile of the State of Mizoram excluding the areas
of the Autonomous District Council on account of living in Mizoram and the owner of building
or apartment let out for residential and other purposes;
(44) “Town” means a village or group of villages where allotment of sites for residential and non
residential purposes reserved for the Government which may be notified  in Official Gazette
from time to time;
(45) “Tribal” means a person who belongs to one of the Scheduled Tribes for the State of Mizoram
and specified as such by an order or orders made by the President of India under Article
342(1) of the Constitution of India in so far as the specification pertains to Mizoram;
(46) “Tribunal” means a Revenue Tribunal constituted under this Act and for the purposes of this
Act;
(47) “Vacant Land” means any land which has not been allotted to anyone, whether occupied or
un-occupied and over which nobody has acquired any right under the Act, but shall not include
any land within any surveyed and  notified forest or wildlife sanctuary and any land comprising
any Government or public road;
(48) The expressions, ‘Village’, ‘Village Council’ and ‘Village Council President’, shall have the
same meaning respectively as assigned to each of these under the Lushai Hills District (Village
Councils) Act, 1953 as amended from time to time, and declared as a revenue village under the
provisions of the Mizoram (Land Survey and Settlement Operation) Act, 2003 and the rules
made thereunder.
(49) “Year” means a year commencing on the first day of April.
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CHAPTER – II
REVENUE DIVISIONS, REVENUE OFFICERS, THEIR APPOINTMENT AND
POWERS.
3. Chief Controlling Authority
The State Government shall be the Chief Controlling Authority in all matters relating to land allotment
and land revenue administration under this Act.
Provided that under the overall supervision of the Chief Controlling Authority, the Director of
Land Revenue and Settlement shall function as the Controller of Land Records for the purposes of
this Act.
4. Power to create, alter or abolish revenue divisions, districts, sub-divisions
The State Government may, by notification in the official Gazette, divide the area to which this Act
extends into one or more revenue divisions, and may similarly divide any division into districts, any
district into Sub-divisions, any sub-division into circles and circles into villages, and may create as
such, alter the limits of, amalgamate, or abolish any such divisions, districts, sub-divisions, circles or
villages.
5. Procedure for constitution, abolition, etc. of Revenue divisions, districts, sub-divisions,
circles or villages
Before the publication of any notification under Section 4 declaring any area to be a revenue division,
district, sub-division, circle or village or altering the limits of any division, district, sub-division, circle
or village, or abolishing any division, district, sub-division, circle or village, the State Government shall
publish in the Official Gazette or in such manner as may be prescribed, a notice of the proposal
inviting objections or suggestions, if any, from the general public of the area and shall take into
consideration any objections or suggestions on such proposal, after giving reasonable opportunities of
hearing to the persons or public so interested.
6. Appointment of Revenue Officers
(1) The State Government or such Officer as may be authorized by the Government in this behalf,
may, by notification in the Official Gazette, appoint the following classes of Revenue Officers,
namely–
(a) Revenue Commissioner for the whole of the State or a division as it  may consider
necessary and as many Joint Commissioners (Revenue) and Assistant Commissioners
(Revenue) as may be necessary;
(b) Collector for each district and as many Additional Collectors, Deputy Collectors and
Assistant Collectors as it may consider necessary;
(c) Director of Land Revenue and Settlement for the whole of the State and as many
Additional Director(s), Joint Director(s), Deputy Director(s) and Assistant Director(s)
as it may consider necessary;
(d) Settlement Officer for each district and as many Additional Settlement officers, Deputy
Settlement officers and Assistant Settlement Officers as it may consider necessary;
(e) Sub-divisional Officer (Revenue) for each sub-division and as many Assistant Collectors
and Assistants as it may consider necessary;
(f) Revenue Circle Officer, for each Revenue Circle
(2) The Revenue officers so appointed shall be responsible to maintain and preserve all land-
records in writing as well as in digitalized formats.
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7. Revenue Commissioner, Director, Collector and Other Revenue Officers
(1) Subject to over-all control of the State Government, the Revenue Commissioner shall be the
Chief Revenue Officer of the State and shall exercise such powers and discharge such duties
as are conferred on or vested in him under this Act.
(2) The Director of Land Revenue and Settlement shall be in charge of all matters of direction and
implementation of the policies of the Government relating to land administration, settlement of
land and collection of land revenues throughout the State and shall in respect thereof exercise all
such powers and discharge all such duties as are conferred on or vested in him under this Act.
(3) Each revenue district shall be placed under the charge of a Collector or Settlement Officer or
Assistant Settlement Officer who shall be in charge of the revenue administration of the district
and exercise such powers and discharge such duties of a collector as are conferred on or
vested in him under this Act.
(4) Each Revenue Sub-division shall be placed under the charge of a Sub-divisional Officer
(Revenue) who shall be designated as Deputy Collector of the Sub-division or Assistant
Settlement Officer who shall exercise such powers and discharge such duties as are conferred
on or vested in him under this Act.
(5) All other Revenue officers shall exercise such powers and perform all such duties for the
purposes of this Act, as may be specified by the State Government by notification in the
Official Gazette.
(6) Each Revenue Circle shall be placed under the charge of a Revenue Circle Officer who shall
be assisted by as many as Revenue Inspectors  who shall exercise such powers and discharge
such duties as are conferred on or vested in him under this Act.
(7) Each Revenue Village may have Revenue Assistant who shall maintain and update all such
revenue registers, accounts and records as may be prescribed by the government from time to time.
8. Exercise of Powers of Settlement Officer or Survey Officers or Revenue Officers
The State Government may vest any Revenue officer with all or any of the powers of a Settlement
Officer or a Survey Officer under the Mizoram (Land Survey and Settlement Operation) Act, 2003
within such limits, restrictions and for such period, as it may think fit.
9. Subordination of Revenue Officers
(1) All Revenue officers shall be subordinate to the Revenue Commissioner and all Revenue
officers in the district, sub-division and Circle shall be subordinate to the Collector or Director
or the Sub-divisional officer or Settlement Officer as the case may be.
(2) All Revenue officers in the Directorate of Land Revenue and Settlement shall be subordinate
to the Director, Land Revenue and Settlement.
10. Combination of Offices
It shall be lawful for the State Government to appoint one and the same person to any two or more of
the offices provided for in this Act, to make any appointment by virtue of office already held and also
to confer on any officer of the Government all or any of the powers and duties of any of the Revenue
officers including the Collector.
11. Seals
The State Government shall, from time to time, by notification in the official Gazette, specify the
Revenue Officers or Settlement Officers who shall use a seal and also the size and description of the
seal which each such officer shall use.
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CHAPTER – III
CONTROL AND POWERS OVER THE LAND
12. Title of the State Government over land etc .
(1) All lands, public roads, streets, lanes and paths, bridges, ditches, dikes and fences, the bed of
rivers, streams, nallas, lakes and tanks and all canals and water courses and all standing and
flowing water and all land including notified and surveyed  forest area, wherever situated,
which are not the property of any individual or of such group of persons or any juristic person
legally capable of holding property except in so far as any rights of such person as may be
established in or over the land  as provided in any law for the time being in force, are hereby
declared to be, with all absolute right, title, interest and possession in or over the same or
appurtenant thereto, shall be the property of the State Government.
 (2) Where any property or any right in or over any such property is claimed by or on behalf of the
Government or by any person against the State Government and the claim is disputed, it shall
be lawful for the Settlement Officer of the district concerned, after all reasonable inquiry, to
pass an order deciding the claim provided that any party disputing the title to such land as per
sub-section (1) must refer the dispute to the Settlement Officer concerned within one month
on the date of commencement of this Act, failing which the party’s claim, if any, shall be barred
by the principle of waiver.
(3) Any person aggrieved by an order made under sub-section (2) may prefer an appeal to the
appellate authority within a period, as may be specified from the date of such order and the
decision of the Tribunal shall be binding on the parties.
(4) Unless or otherwise it is expressly provided in terms of a grant made by the Central Government
or the State Government, as the case may be, and subject to the provisions of any law or laws
made by the Parliament in this regard, the right to mines, quarries, minerals and mineral products
including mineral oil, natural gas and petroleum shall vest in the State Government, and it shall
have all the powers necessary for the proper enjoyment of such rights.
Explanation : For the purposes of these provisions mineral includes any sand or clay which the State
Government may declare to have a commercial value or to be required for any public purpose.
13. Right to trees etc .
All natural trees and plants, or planted and raised by the side of any notified  public road or path or on
any public place or space having been so notified under any law for the time being in force, shall vest
in the Government and shall be the Government property on extinction of any other’s rights whatsoever,
on and from the commencement of this Act.
14. Assignment of land for special purposes and economic programmes
(1) The State Government may set apart any land  for any special purposes including bamboo
farming, oil palm cultivation, tung cultivation, contract farming, or any other commercial farming duly
approved by appropriate authority, for development of industrial area, for the purposes of special
housing projects under any approved Central or State Scheme, for compensatory forest, for
development of a village, town or city, or for the purposes ancillary thereto, or for any other public
purposes as may be prescribed, and such lands so assigned specially shall not be used otherwise than
for such purposes without expressed sanction of the Government.
Provided that except land for compensatory forest, land for development of a village, a town or
a city, land assigned to  under sub section
(1) shall be on lease basis.
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(2) The right of grazing or pasturage on land shall extend only to the cattle of the village or villages
for which such land has been set apart  and reserved, and shall be regulated by rules made
under this Act.
(3) In a village where jhum cultivation is practiced, the Village Council concerned, subject to any
rules or regulations in force in this respect, may allot land for any special economic programme,
as an alternative to jhum cultivation, for a period of 1 (one) year at the first instance or as may
be required. As far as possible, the land for such programmes shall be earmarked.
Provided that the Government may make guidelines regulating the manner of allotment
of land for such special programmes.
15. Right to Fisheries
State Government may, by notification, declare any collection of water, running or stagnant, to be a
fishery and no right in any fishery so declared shall be deemed to have been acquired by any person
or group of persons, after the commencement of this Act, except as provided in the rules made under
this Act.
16. Allotment of land
(1) The Government, subject to the availability of land free from all encumbrances and subject to
appropriate recommendation of the “Site Allotment Advisory Board” as may be constituted by
the Government from time to time or in separate proceedings, the Government may allot land
belonging to the State Government as declared under section 12 of this Act, to the eligible
person or persons as described in sub-section (16) of section 2 or sub-section (45) of section 2 of
this Act in accordance with such other conditions as prescribed in Chapter IV to VI of this Act.
(2) The Director or the Settlement Officer or the Assistant Settlement Officer, subject to appropriate
recommendation of the Site Allotment Advisory Board as may be constituted from time to time
and with prior approval of the State Government, shall have the power –
(a) to allot any such land for the purposes of any industry or shop and stall or stone quarry
or for any purpose of public utility on such conditions as may be prescribed; or
(b) to allot land beyond the maximum ceiling limit of 60 bighas or 80268 square metres
subject to the recommendation of  the Mizoram Public Investment Board in a special
case and public interest as the case may be, or;
(c) to entrust the management of any such land or any rights therein in writing to the Local
Council or the Village Council, as the case maybe, for the purposes of supply reserves
or any other public utility purposes for the related area, as may be prescribed.
(3)    No allotment of land of any nature for whatever use shall be made in areas that may cause
public nuisance or that it is not in general public interest on grounds of public health, public
safety and even public convenience.
17. Unauthorised Occupation of Land
(1) Any person who is found to occupy any land without lawful authority shall be regarded as a
trespasser or encroacher and shall be evicted in accordance with the provisions of the Mizoram
(Prevention of Government Land Encroachment) Act, 2001 as amended from time to time.
(2) No right shall accrue to any person who encroach or trespass upon land without having any
title conferred upon him by the competent authority. Payment of land revenue or taxes on such
land will not entitle the encroacher any right or title to the property.
18. Diversion of Land
(1) If any person holding land for any particular purpose chooses to divert such land or any part
thereof for any other purpose, such person shall apply for permission to the Collector or the
Settlement Officer or the Assistant Settlement Officer who may, subject to prior sanction of
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the Government based on the recommendation of the Site Allotment Advisory Board concerned
and the provisions of this Act and the rules made thereunder, refuse permission or grant it on
such terms and conditions as it may think fit.
(2) Permission to divert may be refused by the Government on the ground that the diversion is
likely to cause a public nuisance or that it is not in the interest of the general public or it is
against the provisions of this Act or any other law in force or that the holder is unable or
unwilling to comply with the conditions that may be imposed under sub-section (3).
(3) Conditions may be imposed on diversion for the following objects, namely, in order to secure
the public health, public safety and public convenience, or to ensure availability of sufficient
land in the area for the purposes of establishment of social infrastructure or  for the purpose of
agriculture including horticulture, and in the case of land which is to be used as building sites, in
order to secure, in addition, that such diversion is in consonance with the plan of  the area as
notified under the Mizoram Municipalities Act, 2007 (Act No. 6 of 2007), or under the Aizawl
Development Authority Act 2005 (Act No. 9 of 2005), or under the Mizoram Urban and
Regional Development Act, 1990 (Act No. 12 of 1990), as the case may be.
19. Penalty for using land for other purposes without permission
(1) If any land has been diverted or used for any other purpose without the permission  as required
under section 18, the Collector or the Settlement Officer or the Assistant Settlement Officer
authorized or specified under the rules may summarily evict the land-holder or the person
responsible for the diversion, from the land so diverted and any building or other construction
erected thereon shall also, if not removed after such written notice issued by the Collector or
the Settlement Officer or the Assistant Settlement Officer  or such other officer as authorized
may deem reasonable, be liable to forfeiture or summary removal. The land holder or the
person responsible for the diversion shall also be liable to pay such penalty not less than Rupees
one thousand per square metre, as the Collector or the Settlement Officer or the Assistant
Settlement Officer or such other Officer may, subject to the rules made by the Government in
this behalf, direct.
(2) If any land held has been diverted for any other purpose in contravention of an order passed or
a condition imposed under any of the foregoing sections, the Collector or the Settlement Officer
or the Assistant Settlement Officer or such other Officer as authorized may serve a notice on
the person responsible for such contravention, directing him, within  a reasonable period to be
stated in the notice, to use the land for its original purpose or to observe the condition, and such
notice may require such person to remove any structure or to fill up any excavation, or to take
such other steps as may be required in order that the land may be used for its original purpose,
or that the condition may be satisfied. The Collector or the Settlement Officer or the Assistant
Settlement Officer or such other Officer as authorized may also impose on such person a
penalty not less than Rupees one thousand per square metre for such contravention, and a
further penalty not less than Rupees one hundred for each day during which such contravention
continues.
(3) If any person, who is served with a notice under sub-section (2) fails to comply within the
period stated in the notice for taking specific actions by the competent authority under that
sub-section, the competent authority may itself take such steps or cause them to be taken
including cancellation of allotment as provided in clause (e) of sub-section (1) of section 33 of
this Act. Any cost incurred in the exercise shall be recoverable from such person in the same
manner as an arrear of land revenue.
20. Relinquishment
(1) Subject to any rules that may be made under this Act, a land holder may relinquish his rights in
respect of any land in his possession in favour of Government by giving a notice in writing to
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the Collector of the district or the Settlement Officer or the Assistant Settlement Officer of the
district in such form and manner as may be prescribed, not less than three months before the
close of any year and thereupon, he shall cease to be the land holder in respect of that land
from the year following the date of notice.
Provided that relinquishment of only a part of a holding or of a holding which, or part of
which, is subject to an encumbrance or charge, shall not be valid.
(2) If any person relinquishes his rights over any land under sub-section (1), the way to which lies
through other land retained by him, any future holder of the land relinquished shall be entitled to
a right of way through the land retained.
CHAPTER  IV
RIGHTS OVER LAND
21. Classification of Land-holders
On and from the commencement of this Act, there shall be the following classes of land-holders:-
(1) Land Settlement Certificate holder is a person to whom land has been permanently settled for
agricultural purposes such as, growing particular crops or for mixed farming, or for non-
agricultural purposes such as, construction of a house.
(2) Periodic Patta holder is a person to whom land has been leased out for a fixed or limited period
for specific purpose such as, commercial plantation, horticulture and the like.
(3) Pass holder is a person to whom a specific permission is given by the Government only for
construction of a house, shop, stall inside and outside town area. In places where survey and
settlement operation has not been done, the Village Council is given authority to issue such
Pass inside a village perimeter as may be notified by the Government from time to time.
(4) Lease holder is a person who is given a lease of specified tenure to occupy certain parcel of
land for specific purpose like industry, educational institution, etc.
22. Accrual of rights of land-holders
(1) Every person who, at the commencement of this Act, holds any land from the Government for
agricultural purposes or non-agricultural purposes as a Land Settlement Certificate holder
including his successor or successors-in-interest shall be deemed to be the owner thereof on
and from such commencement.
Provided that in the case of more than one claim for ownership over one and the same
plot or parcel of land, and all the related Land Settlement Certificates having been found valid
and duly acted upon, subject to the decree of a competent Civil Court, if any, the first Certificate-
holder, if in actual and constructive possession of the land, in accordance with the satisfactory
fulfillment of the conditions specified in his Land Settlement Certificate, shall become the
owner.
(2) Every person who, at the commencement of this Act, holds land from the Government for
purpose of agriculture as Periodic Patta holder and for non-agriculture as Pass Holder or
Lease Holder, shall, subject to the proviso to sub-section (1) and provisions of sub-section (1),
be entitled to the settlement of that land on fulfillment of such terms and conditions as may be
prescribed.
(3) No rights shall accrue under sub-section (1) in respect of any land which
(i) forms a part of the bed of a river, a nullah, a water-fall, a stream or a public tank; or
(ii) has been acquired by the Government for any public purposes according to the provisions
of any law in force for the time being relating to acquisition of land; or
(iii) has been in common use at any time during a period of five years immediately preceding
the commencement of this Act for any public, community or village purpose; or
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(iv) has been declared by the Government under any law in force as reserved or required
for any public, community or village purpose, or as heritage site or area, or has been
declared as unsafe or disaster-prone area.
(4) Objections to the accrual of any rights under sub-section (1) may be filed by any aggrieved
person who has interest in the land either in his individual capacity or as a member of the
village or community, before such revenue authority within such time and in such form and
manner as may be prescribed.
(5) If any objection is filed under sub-section (4), the prescribed Revenue authority shall inquire
into the objection in such manner as may be prescribed, and decide the same.
(6) Subject to the provisions of this Act, the decision of the prescribed Revenue Authority shall be final.
(7) Nothing in this section shall entitle any person to the sub-soil rights in respect of the land, of
which he has become the owner under sub-section (1) or which has been settled with him
under sub-section (2).
23. Rights of a Land Settlement Certificate-holder
(a) Every Land Settlement Certificate-holder shall have a permanent, heritable and transferable
right, title, interest and peaceful possession in his land subject to:-
     (i) the provisions of this Act and the Rules made there under;
    (ii) payment of all land revenues, taxes, cesses at the rates fixed by the Government from time to
time which are legally assessed or imposed in respect of the land as required under this Act or
under any other law for the time being in force;  and
(b) Nothing in sub-section (a) shall entitle a Land Settlement Certificate-holder to use his land to
the detriment of any adjoining land or in contravention of the provisions of any other law for the
time being in force applicable to such land.
24. Status of a Periodic Patta-holder
Every person belonging to any of the following classes shall be called a Periodic Patta holder or a
temporary licensed cultivator and shall have all the rights and be subject to all the liabilities conferred
or imposed upon the periodic patta-holder by or under this Act, namely -
(1) Every person who, at the commencement of this Act, holds any land from the Government
under a valid periodic patta granted by the competent authority, and his successor-in-interest.
(2) Every person who acquires the rights of a periodic patta holder under or   in accordance with
the provisions of this Act and such rules as may be made in this behalf.
25. Rights of a Periodic Patta-holder
A Periodic Patta-holder shall have a temporary right, title, interest and possession in the land held by
him for such period and under such terms and conditions as the Government may specify in the
periodic patta and shall have no right of transfer of ownership or inheritance of the land beyond the
period as are specified in his periodic patta.
Provided that where no period is fixed in the existing periodic patta the validity of such patta shall,
unless renewed, be deemed to expire after five years from the date of commencement of this Act.
26. Status of a Pass-holder
Every person belonging to any of the following classes shall be called a Pass-holder and shall have all
the rights as specified in the pass and shall be subject to all the liabilities conferred or imposed upon
him by or under this Act, namely:-
(a) every person who, at the commencement of the Act, holds any non-agricultural land from the
Government under a valid Pass granted by the competent authority, and his successor-in-
interest; and
(b) every person who acquires the right of a Pass-holder under or in accordance with the provisions
of this Act and the rules made thereunder.
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27. Rights of a Pass-holder
A Pass-holder shall have no right in the land held by him beyond the rights of use and occupancy for
such period and under such terms and conditions as may be specified in the Pass and shall have no
right of transfer, inheritance, or of sub-letting beyond the period so specified.
Provided that where no period has been specified in the existing Pass, the validity of such Pass
shall, unless renewed, be deemed to have continued as a valid Pass for a period not exceeding five
years from the date of commencement of this Act.
28. Rights of  Lease holder
Every person or an agent to whom land has been let out by the State Government for use in any
special purposes as an agent of the Government,  the  person or an agent shall be called a Lease
holder in respect of such land and shall, notwithstanding anything to the contrary contained in this
Act, be entitled to hold the same in accordance with the terms and conditions of the lease.
29. Ejectment of persons occupying land without right or title
A person taking or retaining or occupying any land, otherwise than in accordance with the provisions
of the law for the time being in force shall be liable to be evicted by such Revenue authority in such
manner as may be prescribed and shall also be liable to pay a fine as may be fixed by the competent
authority.
30. Limitation on mortgage of land by land-holders
Notwithstanding anything contained in this Act, a land-holder in respect of any agricultural land and
non-agricultural land may mortgage his holding or part thereof in such circumstances as may be
prescribed, as a security for any loan taken or to be taken from the State Government, a Co-operative
Society, a bank or such other financial institution as may be notified in the Official Gazette by the
State Government. In the event of his making default in the repayment of such loan in accordance
with its terms, it shall be lawful for the lender, as the case may be, to cause his interest in the land to
be attached and sold and the proceeds applied in payment of such loan as prescribed by law in force.
Provided that any mortgage by a Periodic Patta-holder or a Pass-holder or Lease Holder of his
holding or any share thereof without prior permission in writing from the State Government or such
Revenue authority shall be void.
31. Land left uncultivated or undeveloped
Where the Collector or Competent Authority is satisfied that any land other than land for house site
has remained not used or being kept uncultivated or undeveloped, penalty will be imposed at the rate
as prescribed in the rules under this Act. A continued default or refusal to remit the prescribed tax
shall be followed by a process for cancellation of land allotment as provided in clause (g) of sub-
section (1) of section 33 shall be initiated by Competent Authority after observing proper procedure.
32. Issue of Land Settlement Certificate
The Controller of Land Records, as may be prescribed, may grant a certificate in respect of each
parcel of land to a land-holder certifying the nature of his title, the annual land revenue or tax payable,
the location, area, survey number, plot (plan) number, terms and conditions of his holding and such
other particulars as may be prescribed in the rules under this Act.
Provided that no Land Settlement Certificate shall be granted to a person who does not fulfill
the conditions as prescribed under sub-section (16) and sub-section (45) of Section 2 of this Act and
unless prior permission of the Government in the manner of speaking order is obtained.
33. Cancellation of allotment or rights over land
(1) Notwithstanding anything to the contrary contained in sections 22 to 28 of this Act, the Collector
or the Settlement Officer or the Assistant Settlement Officer or any other Revenue Authority
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may cancel an allotment of land or the rights conferred on the land holder for any of the
following grounds :-
(a) non-payment of land revenue, taxes, cesses and rates assessed or imposed under any
law for the time being in force in respect of the land, or
(b) that the certificate, etc was obtained by means of  any malafide misrepresentation of
facts, essential to justify the grant thereof, or
(c) that the certificate, etc was obtained with deceit or illegally or fraudulently by anymalafide
concealment of material facts from the Revenue Officer and his subordinates or officials
of Revenue Department or private individual, or
(d) that a decree or order passed by a competent court in a suit or other proceedings, with
respect to the holding for which a certificate etc. was granted, show that the holder was
not entitled to such certificate etc., or
(e) that the land has been used for any other purpose than the original one for which the
land was allotted without written permission of the Government or any other revenue
authority as prescribed, or
(f) that the land has been acquired by the Government for any purpose according to the
provisions of any law in force for the time being relating to acquisition of the land in
public interest, or
(g) that the land allotted for purposes other than house site is left undeveloped or reclaimed
within three years from the date of allotment, or
(h) violation of any of the terms and conditions of any agreement or undertaking into which
the land holder has entered with the Government, or
(i) any Pass or Certificate obtained without approval of  appropriate authority, or
(j) notice or application  for cancellation or relinquishment has been submitted by the land-
holder, or
(k) there is sufficient reason to believe that the use of land is against public health or public
safety or  general public good.
Explanation: Any land allotment or settlement sought or obtained in a benami transaction is deemed
to be malafide misrepresentation of facts.
(2) No certificate shall be cancelled unless the holder or the person having interest therein is given
reasonable opportunity of showing cause against such cancellation.
(3) No compensation shall be payable by the Government on account of such cancellation of any
allotment or right over land under this Act. However, if  the allottee has put up any constructions
on the land, he shall be allowed a  reasonable opportunity to remove the same.
CHAPTER - V
SETTLEMENT OF LAND FOR HOUSE SITE IN URBAN / NOTIFIED TOWN AREA
34. Land in Urban and Notified Town Areas not to be settled for agricultural purposes
In the area declared by the Government as “town areas”, no land shall be allotted or settled for
agricultural purposes.
35. Master Plan
(1) Master Plan shall be drawn up keeping in view the provisions of the Mizoram Urban and
Regional Development Act (MURDA), 1990 for any area declared by the Government as
town. The Master Plan shall indicate the existing roads, drains, and other areas used for public
purposes, Government buildings and area or areas already given to individuals for construction
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of houses or for any other purposes, and also Government lan

Excerpt shown. Open the full act in Lexace.

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