The Mizoram (Prevention of Government Land Encroachment) (Amendment) Act, 2012

The Mizoram GazetteEXTRA ORDINARY
Published by Authority
RNI No. 27009/1973                    Postal Regn. No. NE-313(MZ) 2006-2008 Re. 2/- per page
VOL - XLI     Aizawl, Tuesday   1.5.2012     Vaisakha 11, S.E.   1934,    Issue   No. 210
NOTIFICATION
No.H.12018 / 98/ 2001- LJD, the 25 th April, 2012 .   The following Act is hereby published for
general information.
The Mizoram (Prevention of Government Land Encroachment)
(Amendment) Act, 2012 (Act No. 7 of 2012)
{Received the assent of the Governor of Mizoram on the 20th April, 2012}
P. Singthanga,
Secretary to the Govt. of Mizoram
(1) This Act may be called the Mizoram (Prevention of Government
Land Encroachment) (Amendment)Act,2012.
(2) It shall have the like extent of the Principal Act.
(3) It shall come into force on such date as the State Government
may, by Notification in the Official Gazette, appoint.
In short title of the Principal Act, the words ‘Government Land’
shall be substituted by the words, ‘Public Land’.
(1) After clause (g) of section 2 of the Principal Act, the
following new clauses shall be inserted namely:-
“ (h) ‘ Public Land’ means any land / area of land recognized by
the locality or its surrounding people not as a land belonging to
any private individual or person or institution, and shall include
Government land, Public Space and Community Land;
(i) ‘ Public Space’ means any space reserved and recognized by
the public for the purpose of gathering and other purposes;
(j) ‘ Community Land’ means any land / area of land recognised
by the locality or its surrounding people as a ‘ Community Land’
which includes, but is not limited to, village safety reserve, village
supply reserve, grazing areas, water bodies, playgrounds, grave-
yards and other such common-use-land or area.”
Section 3 of the Principal Act shall be substituted by the following,
namely :-
“3. PROHIBITION OF ENCROACHMENT OF PUBLIC LAND -
No person shall encroach or occupy any Public Land, for whatsoever
reason or purpose, without prior and express permission of the Govern-
ment.”
Section 4 of the Principal Act shall be substituted by the following,
namely:-
“4. PENALTY FOR UNAUTHORISED OCCUPATION OF PUB-
LIC LAND - Any person who has willfully encroached upon any Public
Land in violation of the provision or provisions of this Act and the rules
1. Short title, extent,
and commencement-
2. A m e n d m e n t o f s h o r t
title of the principal Act-
3 Amendment of section
2 of the principal Act-
AN
ACT
further to amend the Mizoram (Prevention of Government Land Encroachment) Act, 2012 (Act No. 7 of
2001) (hereinafter referred to as the ‘ Principal Act’.)
It is enacted by the Legislative Assembly of the State of Mizoram in the Sixty-third year of the Republic of
India as follows:
4. Substitution of
section 3-
5. Substitution of section 4-
Ex-210/2012 2
made thereunder shall be liable to eviction after being given an opportu-
nity of being heard. Such an offender or offenders shall also pay penal
rent for the period of such encroachment, and the crops or other agricul-
tural or forest produce, building or any other construction on such land
shall be liable to be forfeited.”
In sub-section (2) of section 5 of the Principal Act, the words ‘the Gov-
ernment Land’ shall be substituted by the words, namely, ‘Public Land’.
In sub-section (1) of section 7 of the Principal Act, the words “property
of the Government,” shall be substituted by the words, namely, ‘Public
Land’.
In section 9 of the Principal Act, the words “property of the Govern-
ment” shall be substituted by the words, namely, ‘Public Land’.
Section 10 of the Principal Act shall be substituted by the following
namely :-
“10. RECOVERY OF PENAL RENT AS A PUBLIC DEMAND:-
Any amount of fine or penal rent as may be imposed under this Act on
any person unauthorisedly occupying or encroaching upon any Public
Land shall be recoverable from him in form of public demand under the
Mizoram Public Demands Recovery Act, 2001, as amended from time
to time”.
After section 10 of the Principal Act, the following new section 10A
shall be inserted namely :-
“10A. PENALTY - (1) Any person, or group of persons, or institution or
organisation or public or private entity who willfully aids, abets or en-
courages any unauthorised occupation or illegal encroachment of any
Public Land, or willfully obstructs any person in doing any of the Acts
authorised by Section 5, 7, 8, 9 and 10, shall, on conviction, be liable to
imprisonment for a term not exceeding one month, or with fine not ex-
ceeding two thousand rupees, or with both.
(2)  No court other than the court of a Judicial Magistrate of the
First Class shall take cognizance of, or try, an offence under this Act.
(3)  No court shall take cognizance of any offence under this
A c t e x c e p t o n a c o m p l a i n t i n w r i t i n g o f a R e v e n u e O f f i c e r s p e c i a l l y
authorised for the purpose”.
After the words, “pass such order” in sub-section (2) of Section 11 of
the Principal Act, the following words shall be inserted, namely, “in revi-
sion”.
(2)  After sub-section (4) of Section 11 of the Principal Act, a new sub-
section shall be added as follows, namely-
“(5)  The manner in which an appeal or a revision may be entertained
and disposed of under this section shall be such as may be prescribed”.
6. Amendment of section 5-
7. Amendment of section 7-
8. Amendment of section 9-
9. Substition of section 10-
10. Insertion of
new section 10A-
11. Amendment of section 11-
Published and Issued by the Controller, Printing & Stationery , Mizoram
Printed at the Mizoram Govt. Press, Aizawl. C-500.
Ex-210/20123

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