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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:-
The Mizoram (Land Revenue) Act, 2013 (Act No. 5 of 2013) is a comprehensive legislation enacted to consolidate and amend the law relating to land revenue, land administration, and land management in the State of Mizoram. The Act received the assent of the Governor of Mizoram and represents a significant reform in the state's land governance framework. It establishes the legal basis for state ownership of unallotted lands, provides for various forms of land tenure including Periodic Patta, Land Lease, and Land Settlement Certificates, and creates mechanisms for land revenue collection, penalties for unauthorized occupation, and regularization of certain land uses.
The specific section referenced (Act No. 5 of 2013) is the enabling provision that identifies the entire Mizoram (Land Revenue) Act, 2013. The Act contains provisions relating to:- Control and powers over land- Allotment of land through various instruments- Liability for payment of land revenue- Penalties for unauthorized occupation and diversion of land use- Surrender and relinquishment of land rights- Regularization of unauthorized occupations- Establishment of authorities and dispute resolution mechanisms
The Act applies to all lands within the State of Mizoram and governs:- Allotment and administration of government lands- Collection and management of land revenue- Penalties for violations including unauthorized occupation and land use diversion- Regularization mechanisms for unauthorized land occupations- Establishment of the Land Acquisition, Rehabilitation and Resettlement Authority- Powers of the Government to set apart land for special purposes
State Ownership Principle - All lands not allotted to individuals or juristic persons are properties of the State Government, establishing the fundamental doctrine of eminent domain and state control over land resources in Mizoram. - [Mizoram (Land Revenue) Act, 2013, Act No. 5 of 2013]
Land Tenure Instruments - The Act recognizes multiple land tenure forms including Periodic Patta, Land Lease, and Agricultural Land Settlement Certificate, providing a structured framework for land allocation with specific tenure and purpose limitations. - [Rule 5, Mizoram (Land Revenue) Rules, 2013]
Revenue Liability Mandate - All land allotted by the Government under Pass, Periodic Patta, Land Lease and Land Settlement Certificate shall be liable to payment of land revenue to the Government, creating a uniform revenue obligation. - [Section 30, Mizoram (Land Revenue) Rules, 2013]
High Interest Penalty - Interest at the rate of 20% per annum or part thereof shall be charged for late payment of land revenue, representing a stringent financial disincentive for delayed compliance. - [Section 30(4), Mizoram (Land Revenue) Rules, 2013]
Unauthorized Occupation Penalties - Any person or persons intentionally disobeying an order or requisition to vacate shall be liable to a fine, establishing criminal liability for continued unauthorized possession. - [The Mizoram Gazette, Penalty provisions]
Escalating Fine Structure - If unauthorized occupation continues beyond the date prescribed for removal of encroachment, a further fine which may extend to Rupees Five shall be imposed, creating a progressive penalty mechanism. - [The Mizoram (Land Revenue) (Amendment) Bill, 2025]
Land Use Diversion Prohibition - Penalty for using land for other purposes without permission establishes the principle that land use must conform to authorized purposes, preventing unauthorized conversion. - [The Mizoram (Land Revenue) Act, 2013]
Surrender of Agricultural Land - If the holder of Agricultural Land Settlement Certificate has no further use of the land, he shall compulsorily surrender it, preventing hoarding and ensuring efficient land utilization. - [The Mizoram (Land Revenue) Rules, 2013]
Compulsory Compliance with Terms - The holder of Periodic Patta or lease holder shall have to comply with terms and conditions laid down in the Rules, ensuring contractual discipline in land tenure. - [The Mizoram (Land Revenue) Rules, 2013]
Regularization Mechanism - The Act allows regularization of unauthorised occupation of land even if earthwork of roads passing through notified area is affected, providing a legal pathway for compliance. - [The Mizoram (Land Revenue) (Amendment) Bill, 2022]
Authority Establishment - The Act provides for establishment of Land Acquisition, Rehabilitation and Resettlement Authority under Section 51, with District Judges and Additional District Judges appointed as Presiding Officers. - [Notification dated 21st November, 2016, Section 51 read with Sections 52 and 53 of RFCTLARR Act, 2013]
Special Land Reservation Powers - Government may set apart any land for special purposes, reflecting the state's sovereign power to prioritize land use for public interest. - [Mizoram (Land Revenue) Act, 2013]
Allotment Restriction Zones - No land shall be processed for allotment within 800 metres measuring from the centre on either side of specified areas, establishing buffer zones for development control. - [Mizoram (Land Revenue) Act, 2013, Section on Control & Powers over Land]
Legal Entity Recognition - The Act applies to persons having legal entity, extending its provisions to both natural and juristic persons for comprehensive land governance. - [The Mizoram (Land Revenue) Act, 2013, Act No. 5 of 2013]
Privatization Recognition - The 2013 Mizoram Land Revenue Act recognizes privatization of land and issues periodic patta, marking a shift from traditional communal land holding systems. - [The Wider Issues In Mizoram analysis]
Amendment Continuity - The Act has been subject to multiple amendments including the Mizoram (Land Revenue) (Amendment) Bill, 2022 and 2025, indicating ongoing legislative refinement. - [The Mizoram (Land Revenue) (Amendment) Bill, 2022; The Mizoram (Land Revenue) (Amendment) Bill, 2025]
Rule-Making Authority - Subject to any rules that may be made under this Act, a land holder may relinquish his rights in respect of any land, demonstrating the delegated legislative framework under the parent Act. - [The Mizoram Gazette, Relinquishment provisions]
Mixed Farming Definition - The Act defines "Mixed Farming" within the Mizoram (Land Revenue) Rules, 2013, providing clarity for agricultural land use classification. - [The Mizoram (Land Revenue) Rules, 2013]
(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 Lal, 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.
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)
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.
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.
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.
(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
(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
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.
(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.
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.
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.
(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 Off
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.
(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.
(2) The right of grazing or pasturage on land shall extend only to the cattle of the village or villages for which
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.
(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 fo
(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.
(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 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 th
(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.
(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 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.
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 nonagricultural 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.
(
(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 Certificateholder, 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 no
(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.
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.
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.
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-ininterest; 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.
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.
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.
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.
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.
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 subsection (1) of section 33 shall be initiated by Competent Authority after observing proper procedure.
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.
(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 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 any malafide 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
In the area declared by the Government as “town areas”, no land shall be allotted or settled for agricultural purposes.
(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 of houses or for any other purposes, and also Government land, earmarked for roads, drains, and other public requirements in the area where survey and settlement has not been carried out.
(2) Detailed plans shall be prepared keeping in view of the provisions of the Mizoram Urban and Regional Development Act, 1990 indicating the areas reserved for public purposes or Government purposes and detailed plotting shall be done for the land to be allotted for house sites, etc.
(3) The Master Plan or the Urban or Regional Plan under sub-section (1) or (2), shall become effe
(1) Allotment of house-sites and other plots in the areas declared by the Government as urban and town areas shall be made keeping in view of the provisions as contained in the Mizoram Urban and Regional Development Act, 1990 or in the Aizawl Development Authority Act, 2005 or in the Mizoram Municipalities Act, 2007 as the case may be.
Provided that the land document shall contain clear geographical description (including macro and micro mapping), distinguishable boundary description accompanied by boundary pillars and accurate measurement of the area duly recorded.
(2) The area of house site per family to be allotted will not exceed 1337.80 square metre or 1 bigha.
(3) When a plot of land is allotted to a person, in order to obtain Land Settlement Certificate for the plot, a house shall be constructed within a period of 10 (ten) years.
(4) The allotment of the House Site wil
(1) For a village which has not been declared by the Government as “Town”, the Revenue Officer of the area shall, with the help of village council, prepare a Master Plan keeping in view of the provisions of the Mizoram Urban and Regional Development Act, 1990 as amended from time to time. The Master Plan shall clearly indicate zones, such as, village perimeter, village safety reserve, public utilities or amenities, agriculture, mixed farming area to be used for limited lease or Periodic Patta and other purposes as may be considered necessary.
(2) The Master Plan shall be made on the basis of a sketch map drawn up for the village if a settlement operation has been done for the village and the plan shall be drawn up on that basis only.
(3) The Master Plan and any change or alteration therein shall require approval of the Government.
A Village Site plan shall be prepared for proper utilization and regulation of house-sites in the village. Such plan shall indicate spatial features, such as, road, drains and other land for public and Government areas. The Plan shall also earmark land for future development, such as, roads, drains and land earmarked for future public and government facilities. The area to be given for house sites shall be clearly indicated by way of survey number and plot numbers on the basis of the survey. If such marking is not already done, provisional plot numbers shall be given.
(1) In the village where site plan have been done, house sites may be allotted by the Village Council by giving a House Pass. The area of House Pass per family to be allotted by the Village Council will not exceed 1337.80 sq. metre or 1 bigha.
(2) In an area where settlement operation has been done, the competent Revenue Officer may, with prior sanction of the Government, allot house-sites by giving a House Pass having an area not exceeding 1337 square metre per family.
Provided that the land document shall contain clear geographical description (including macro and micro mapping), distinguishable boundary description accompanied by boundary pillars and accurate measurement of the area duly recorded.
Allotment of house-sites by a Village Council or by the Revenue Officer concerned shall be done in a prescribed manner.
The government may allot land for agricultural and allied purposes subject to the following conditions:-
(1) The land earmarked for permanent cultivation is to be allotted under Periodic Patta and which covers at least ½ (half) of the total land under the jurisdiction of the village concerned and shall include the area already used for permanent cultivation, such as, wet rice cultivation, mixed farming and land already allotted under Periodic Patta.
(2) Under special circumtances the maximum area of land that can be allotted for permanent cultivation is not to exceed 60 bighas or 80,268 square metre per family or per juristic person domiciled in the State for which there shall be speaking orders of the Government having regard to the existence of special requirements.
Provided that if the land earmarked for a permanent cultivation a Periodic Patta is not likely to be required within a year, the com
Allotment of the earmarked land shall be made by the Revenue Officer concerned in a prescribed manner and a Pass shall be issued for the purpose containing conditions after obtaining prior approval of the Government.
For allotment of land for agriculture and allied purposes, Revenue Officer may issue a Periodic Patta with prior approval of the Government for reclamation or preparation or development of land. Such Periodic Patta shall be valid only for initial 5 (five) years. After a period of 5 (five) years, if the land has not been reclaimed or prepared or developed, the Periodic Patta shall lapse automatically.
Provided that the land document shall contain clear geographical description (macro and micro mapping) and distinguishable boundary description accompanied by boundary pillars and accurate measurement of the area duly recorded.
In case of Periodic Patta as mentioned in section 43, Revenue Officer or any officer authorized by the Government may issue Land Settlement Certificate exactly to the area covered in the Periodic Patta provided that the land has been reclaimed or developed for the intended purpose.
If the land under lease has been properly developed for industrial or commercial use or for commercial plantation and for such other purposes as described in section 14 of this Act for which limited lease is suitable, the Revenue Officer concerned shall issue a lease in the prescribed manner. The terms of lease shall be determined according to the actual requirement and on the basis of the recommendation of the Site Allotment Advisory Board or the Public Investment Board wherever it is necessary. If the time required cannot be ascertained, a period or tenure shall be decided by the Government.
(1) The State Government shall specify the term of lease granted to a lease-holder not exceeding ninety-nine years and not shorter than one year as may be prescribed.
(2) On expiry of the term of lease the Government or the competent authority, as the case may be, may grant or refuse renewal of the lease and no notice of non-renewal may be required to be given if such renewal is to be refused.
(3) Failure to seek renewal of lease after expiry of the tenure, the land lease shall automatically be deemed to be terminated. Even payment of land revenue shall not entitle extension of the lease period.
All land, for whatsoever allotted, are liable to payment of land revenue and any other taxes or fees to the State Government according to the provisions of this Act and the rules made under this Act except as may be wholly or partly exempted by means of any special grant or by contract with the Government or the rules made under this Act.
Assessment of land revenue, taxes and fees shall be done in the manner as provided in the rules made under this Act.
(1) Every land-holder, to whom the land is allotted, shall be liable for payment of land revenue, taxes and fees as may be fixed by the Government.
(2) Where there are two or more persons liable to pay land revenue under sub-section (1), all of them shall be jointly and severally liable for such payment.
(1) The Government may levy a premium on account of allotment of land for agricultural and nonagricultural purposes.
(2) The rates of premium and the mode of payment shall be determined by the Government from time to time.
(1) For carrying out the purposes of this Act, the Government may designate the Deputy Commissioner of the district or any other officer to be the Collector who shall be assisted by any officer subordinate to him.
(2) Officer appointed under sub-section (I) shall, within the limits of such area as the Government may by notification specify, exercise such powers and perform such duties as may be delegated by the Collector or Settlement Officer or Assistant Settlement Officer subject to such conditions as may be prescribed by the Government.
(1) In order to carry out the purposes of this Act, the Government may appoint any person or group of persons or officer as an agent to be responsible for levy and collection of land revenue and taxes as per provision of rules made under this Act or as may be prescribed by the Government from time to time.
(2) Upon such appointment, it shall be the duty of such collecting agents to carry out such functions under this Act in the manner prescribed and to submit full and complete account of land revenue and taxes collected by him to the Deputy Commissioner of the district or Settlement Officer or his subordinate officer assigned by the Government.
(3) Any officer or agency authorized by the Government in this behalf shall have for the purpose of levy and collection of land revenue and taxes, such powers as may be prescribed.
(4) It shall be lawful for the Collector or Settlement Officer or officer duly
(1) Land revenue and taxes, etc. shall be payable at such time, in such installments, to such persons, and at such places, as may be prescribed.
(2) Any payment of land revenue to the person mentioned in sub-section (1) may be made in such manner as may be prescribed.
(3) The Revenue officer or the collecting agent shall issue receipt at the time when payment of land revenue etc has been received.
(4) Any person or officer contravening the provisions of sub-section (3), after summary enquiry by the Collector or Settlement Officer or Assistant Settlement Officer, shall be liable to pay fine up to such amount not exceeding three times the amount received for which a receipt was not issued.
The Government may, at any time and for sufficient reasons, change existing rates of taxes and fees in such a manner or to such an extent as the Government may deem it necessary.
(1) Any installment of land revenue or part thereof which is not paid on the due date shall become an arrear of land revenue, taxes or fees and the person responsible for the payment shall become a defaulter.
(2) A statement of account certified by the competent authority shall, for the purpose of this Chapter, be conclusive proof of the existence of the arrear against the person who is a defaulter;
Provided that nothing in this sub-section shall prejudice the right of such person to make payment under protest and to question the correctness of the accounts in separate proceedings before the competent authority as may be prescribed.
(1) An arrear of land revenue shall be recovered as per the procedure as may be prescribed by this Act and the Rules.
(2) Without prejudice to any other provisions of this Act, any amount due to the Government whether by way of cost, penalty or otherwise and any other amount which is ordered to be paid or recovered under this Act, shall be recovered in the same manner as an arrear of land revenue.
(1) When an arrear of land revenue or other public demand recoverable as an arrear of land revenue under section 55 is due in one district, but is to be recovered by sale of the defaulter’s property in any other district, the Collector or Settlement Officer or Assistant Settlement Officer of the district in which such arrear of demand has become due or any other Revenue Officer as may be authorized shall send a statement of accounts certified under sub-section (2) of section 55 to the Collector or the Settlement Officer or Assistant Settlement Officer of the district, by whom the recovery is to be made.
(2) On receipt of such certified statement it shall be lawful for the Collector or Settlement Officer or Assistant Settlement Officer of one district to proceed to recover the demand of the Collector or Settlement Officer or Assistant Settlement Officer of another district under the provisions of this Chapter, if the demand had risen in his own
The form and contents of the notice of demand and the officers by whom such notices shall be issued shall be such as may be prescribed.
(1) The distraint and sale of the moveable property of a defaulter shall be made by such officers or class of officers, in such manner and in such procedure, as he thinks fit and proper. Reasons are to be recorded in writing.
(2) Nothing in sub-section (1) shall be deemed to authorize the distraint or sale of any property which, under the Code of Civil Procedure, 1908 (5 of 1908), is exempt from attachment or sale in execution of a decree or of any article set aside exclusively for religious use.
(1) In the opinion of the Collector or the Settlement Officer or the Assistant Settlement Officer the processes referred to in sub-section (1) and (2) of section 57 are not sufficient for the recovery of an arrear, he may, in addition to or instead of any of those processes, cause the land in respect of which such arrear is due to be attached and sold in the manners prescribed in this Act.
(2) The Collector or the Settlement Officer or the Assistant Settlement Officer may also cause the right, title and interest of a defaulter in any other immovable property to be similarly attached and sold.
(1) Before effecting sale of any land or other immovable property under the provisions of this Chapter, the Collector or the Settlement Officer or the Assistant Settlement Officer shall issue and publish such notices and proclamations, in such form, in such manner and containing such particulars, as may be prescribed.
(2) A copy of every notice or proclamation issued under sub-section (1) shall be served on the defaulter.
All sales of property, moveable or immovable, under this Chapter shall be held by public auction.
No officer having any duty to perform in connection with any such sale and no person employed by or subordinate to such officer shall, either directly or indirectly, bid for or acquire any property except on behalf of the Government.
Perishable articles shall be sold by auction with the least possible delay and such sale shall be finally concluded by the officer conducting the sale.
Every sale of property, moveable or immovable, under the provisions of this Chapter shall, as far as may be practicable be proportionate to the amount of arrear of land revenue to be recovered together with the interest thereon and the expenses of attachment and sale.
In all cases of immovable property, the party who is declared to be the purchaser shall be required to deposit immediately 75 (seventy five) percent of the amount of his bid, and the balance within fifteen days of the date of sale.
(1) In default of payment of deposit referred to in section 66, the property shall be put up for resale and the expenses incurred in connection with the first sale shall be borne by the defaulting bidder.
(2) In default of payment of the balance of the bid amount within the period prescribed in section 66, the deposit after defraying therefrom the expenses of the sale shall be forfeited to the Government and the property shall be re-sold.
(3) Where the proceeds of the re-sale are less than the price bid by such defaulting purchaser, the difference shall also be recoverable from him in the same manner as an arrear of land revenue.
Where immoveable property has been sold under this Chapter, the defaulter, or any person owning such property or holding an interest, may, at any time within thirty days from the date of sale or within such further period not exceeding thirty days as the Collector or the Settlement Officer or the Assistant Settlement Officer may for sufficient cause allow, apply in writing to the Collector or the Settlement Officer or the Assistant Settlement Officer to have the sale set aside on the following grounds:–
(1) Some materials of irregularity or mistake or fraud resulting in substantial loss or injury to him is established, or
(2) On his depositing in the Collector’s office or the Settlement Officer’s office or the Assistant Settlement Officer’s office the amount of the arrear specified in the proclamation of sale, the cost of the sale and for payment to the purchaser a sum equal to five percent of the purchase money.
If on the expiration of 30 days from the date of sale of any immovable property or of further period, if any, allowed under section 68, no application has been made for setting aside the sale, or if any such application has been made but rejected, the Collector or the Settlement Officer or the Assistant Settlement Officer shall make an order confirming the sale unless, for reasons to be recorded, the Collector or Competent Authority sets aside the sale notwithstanding that no application has been made.
(1) The Collector or the Settlement Officer or the Assistant Settlement Officer shall order a refund and payment to the purchaser, of:-
(a) the amounts deposited by him under section 68; and
(b) the sum equal to 5 percent of the purchase money deposited under Clause (2) of section 68, if the sale is not confirmed or set aside.
(2) The Collector or the Settlement Officer or the A
(1) The Collector or the Settlement Officer or the Assistant Settlement Officer shall order a refund and payment to the purchaser, of:-
(a) the amounts deposited by him under section 68; and
(b) the sum equal to 5 percent of the purchase money deposited under Clause (2) of section 68, if the sale is not confirmed or set aside.
(2) The Collector or the Settlement Officer or the Assistant Settlement Officer shall order refund and payment of all the money deposited under Clause (2) of section 68 to the person who made the deposit, if the sale is confirmed:
Provided that the Collector or the Settlement Officer or the Assistant Settlement Officer may set off the whole or any part of such money against any arrear of land revenue or any other amount recoverable as an arrear of land revenue, which may be outstanding against the person who made the deposit.
When a sale is confirmed, the Collector or the Settlement Officer or the Assistant Settlement Officer shall put the person declared to be the purchaser in possession of the property and shall grant him a certificate in the prescribed form to the effect that he has purchased the property specified therein; and such certificate shall be deemed to be a valid transfer of such property.
The proceeds of the sale of any property under this Chapter shall be applied in defraying the expenses of the sale which shall be determined in the prescribed manner and the balance shall be applied to the payment of the arrears on account of which the sale was held and the surplus, if any, shall be paid to the person whose property has been sold.
The person who has purchased any land and to whom a certificate of purchase has been granted shall not be liable for the land revenue in respect of the land for any period prior to the date of the sale.
When the crop of any land or any portion of the same is sold, mortgaged or otherwise disposed of, the Collector or the Settlement Officer or the Assistant Settlement Officer may, if he thinks it necessary, prevent its being removed from the land until the demand for the current year in respect of the said land is paid, whether the date fixed for the payment of the same has arrived or not.
The following sums of money may be recovered under this Act in the same manner as arrear of land revenue, namely:
(a) rent, fees and royalties due to the Government for the use or occupation of land or water or any product of land;
(b) all sums falling due to the Government under any grant, lease or contract which provides that they shall be recoverable as an arrear of a land revenue;
(c) all sums declared by this Act or any other law for the time being in force to be recoverable as an arrear of land revenue.
(1) A Revenue Officer, while exercising power under this Act or any other law for the time being in force, will inquire into or to decide on any question of fact or law arising out of orders for determination between the Government and any person or between parties to any proceedings, shall be a revenue court.
(2) Nothing in this Act shall be deemed to limit or otherwise affect the inherent power of the revenue court to make such order, as may be necessary for the ends of justice or to prevent the abuse of the process of the revenue court.
Any Revenue Officer who is authorized by an order of the government mayexercise his powers under this Act at any place within the local limits of his jurisdiction.
Provided that a Sub-Divisional Officer or Settlement Officer or Assistant Settlement Officer may inquire into or hear any case only at the headquarters to which he is appointed.
All Revenue Officers and persons acting under their orders may enter upon and survey any land and demarcate boundaries and do all other acts necessary for the purpose of discharging their duties under this Act or any other law for the time being in force and in so doing, shall cause no more damage than the circumstances of the case as may be required.
(1) The Government shall, by notification in the official Gazette, constitute a Revenue Tribunal to be known as “The Mizoram State Revenue Tribunal” (hereinafter referred to as the Tribunal) for deciding appeals under this Act.
(2) The Tribunal shall consist of one person, or as may be decided by the Government, to be designated as Chairman or Member, as the case may be, of the Tribunal and appointed by notification to be published in the Official Gazette by the Government.
(3) A person shall not be qualified for appointment as the Chairman or Member of the Tribunal, unless he –
(a) has been, or is qualified to be, a Judge of a High Court; or
(b) has held office, either in the Government of India or in a State Government, not lower in rank than that of Secretary to the Government of India, or that of Principal Secretary or Additional Chief Secretary to any State Government for
(1) The Tribunal may transfer any case or class of cases arising under this Act or any other law for the time being in force, from any Revenue Officer to any other Revenue Officer competent to deal with it.
(2) The Collector or the Settlement Officer or the Settlement Officer or the Assistant Settlement Officer may transfer any case or class of cases arising under this Act or any other law for the time being in force for inquiry or decision from his own file or from the file of any Revenue Officer subordinate to him to the file of any other Revenue Officer subordinate to him and competent to deal with such case or class or cases.
(3) The Collector or the Settlement Officer or the Assistant Settlement Officer may withdraw any case or class of cases arising under this Act or any law for the time being in force, from the file of any Revenue Officer subordinate to him to his own file and deal with such case or class of cases
(1) Every Revenue Officer not lower in rank than a Revenue Circle Officer, while acting as a Revenue Court, shall have powers to take evidence and to summon any person whose attendance he considers necessary, either as a party or as a witness or to produce any document, for the purpose of any inquiry which such officer is legally empowered to make, and all persons so summoned shall be bound to attend either in person or by an authorized agent as such officer may direct, and to produce such documents as may be required.
(2) Summon shall be in writing, signed and sealed by the officer issuing it and shall be in such form and be served in such manner as may be prescribed.
If any person on whom a summon to attend as witness or to produce any document has been served, fails to comply with the summon, the officer by whom the summon has been issued under section 81 may –
(a) issue a bailable warrant of arrest;
(b) order him to furnish security for appearance; or
(c) impose upon him a fine not exceeding five thousand rupees.
Provided that the person so summoned may apply for examination as a witness on commission for justifiable reasons or through video conferencing, as the case may be, and in such case, the person may not be liable to any of the measures mentioned above.
(1) If, on the date fixed for hearing a case or proceeding, a Revenue Officer finds that a summon or notice was not served on any party due to the failure of the opposite party to pay the requisite process fees for such service, the case or proceeding may be dismissed for default of payment of such process fees.
(2) If any party to a case or proceedings before a Revenue Officer does not appear on the date fixed for hearing, the case or proceeding may be heard and determined in his absence or may be dismissed for default;
Provided that where there are more parties than one, and some of them do not appear, the Revenue Officer may permit such case or proceeding to proceed in the same way as if all the parties had appeared, and make such order as he thinks fit.
(3) The party against whom any order is passed under sub-section (1) or (2) may apply, within thirty days from the date of such order, to have
(1) A Revenue Officer may, from time to time for reasons to be recorded, adjourn the hearing of a case or proceeding before him.
(2) The date and place of an adjourned hearing shall be intimated at the time of the adjournment to such of the parties and witnesses as are present.
A Revenue Officer may direct the parties to pay the cost incurred in any case before him and also apportion the cost among the parties in such manner and to such extent as he may think fit.
Where any order is passed under the provisions of this Act directing any person to deliver possession of land or directing the eviction of any person from land or demolition of unauthorized construction, such order shall be executed by the competent authority in such manner as may be prescribed and it shall be lawful for such authority, in accordance with rules to be prescribed, to take such steps and use or cause to be used such force as may be reasonably necessary for securing compliance with the order.
All appearances before, applications to, and acts to be done before, any Revenue Officer under this Act or any other law for the time being in force may be made or done by the parties themselves or by their authorized agents or by any legal practitioner :
Provided that any such appearance shall, if the Revenue Officer so directs, be made by the party in person.
Any Revenue Officer by whom an order was passed in a case or proceeding may, either on his own motion or on the application of a party, correct any error or omission not affecting a material part of the case or proceeding after such notice to the parties as he may consider necessary.
Save as otherwise expressly provided, an appeal shall lie from every order passed under this Act:-
(1) If such an order is passed by an officer subordinate to the Assistant Settlement Officer, the appellant may prefer appeal to the Settlement Officer.
(2) If such an order is passed by the Settlement Officer, the appellant may prefer appeal to the Collector or Director.
(3) If such an order is passed by the Collector or the Director, the appellant may prefer appeal to the Revenue Commissioner or Secretary, Revenue Department.
(1) A Second appeal shall lie against any order passed in first appeal:-
If an order is passed under Section 89, the appeal may be preferred appeal to the Tribunal.
(2) An order passed by the Tribunal shall be final.
The limitation period for filing:-
(a) in the case of a first appeal, within thirty days from the date of the order appealed against; and
(b) in the case of a second appeal, after the expiry of sixty days from the date of the order appealed against.
Provided that if there is sufficient or reasonable ground in the delay of preferring appeal, delay may be condoned by the appellate authority.
The Commissioner or the Director, as the case may be, may either on his own motion or on the application of any party, call for the records of any proceeding before any Revenue Officer subordinate to him for the purpose of satisfying himself as to the legality or the propriety of any order passed by such Revenue Officer, and may pass such order in reference thereto as he thinks fit;
Provided that he shall not vary or reverse any order affecting any right between private persons without having given a notice to the interested parties to appear or to be heard;
Provided further that no revision shall lie after the expiry of ninety days from the date of the order proposed to be revised.
With a view to rectifying any mistake apparent from the record, a Revenue Officer referred to in section 7 may amend any order passed under the provisions of this Act, either on his own motion or on the application of any party interested subject to the following conditions;
(1) No order affecting any question of right between private persons shall be reviewed except on the application of a party to the proceedings or except after notice to the other party, and no application for review of such order shall be entertained unless it is made within ninety days from the date of the order.
(2) An order which has been a subject or appeal or on revision shall not be reviewed or amended by any officer subordinate to the appellate or revision authority.
Provided that no order shall be reviewed or amended after expiry of one-hundred eighty days in which the order sought to be amended was passed.
period prescribed for appeal, direct the stay of execution of such order for such period as he thinks fit, provided that no appeal has been filed in the meantime.
(2) Any authority before whom a case is pending in appeal or revision may direct the stay of execution of the order appealed from or under revision for such period not exceeding 45 days.
Every application, appeal or review or other proceedings under this Act shall be accompanied by a process fees of such amount as per the provisions of the Court Fees (Mizoram Amendment) Act, 1996.
(1) Save as otherwise provided in this Act, or any other law for the time being in force, a Revenue Court shall have jurisdiction to determine, decide or dispose of any matter which it is, by or under this Act, empowered to determine, decide or dispose of and no Civil Court shall exercise jurisdiction as to any of such matters.
(2) Subject to the exception hereinafter specified, no civil Court shall exercise jurisdiction as to any of the following matters, namely :-
(a) claims against the Government relating to any property appurtenant to any office or for any service whatsoever;
(b) objections-
(i) to the amount or incidence of any assessment or collection of land revenue under this Act, or
(ii) to the mode of assessment or levy or collection or to the principle on which such assessment or levy or collection is fixed or made; or
Nothing in section 93 shall be held to prevent the Civil Courts from entertaining any of the following suits :-
(a) Suits against the State Government to contest the amount claimed or paid under protest, or recovered as land revenue on the ground that such amount is in excess of the amount authorized in that behalf by the Government, or that such amount had, prior to such claim, payment or recovery, been satisfied in whole or in part, or that the plaintiff or the person whom he represents is not the person liable for such amount;
(b) Suits between private parties for the purpose of establishing any private right, in case it is affected by any entry in any land record; or
(c) Suits between private parties for possession of any land being in a whole survey number or sub-division of a survey number or a part thereof.
(1) If a Settlement holder or Periodic Patta holder or Pass holder who is a domicile of the State wants to transfer his land partly or wholly to another, he shall apply using the form as may be prescribed by the Government from time to time and a new certificate or Periodic Patta or Pass will be issued with prior permission of the competent authority. Rates of new recording fees, etc as may be fixed by the Government from time to time shall be paid by the transferee or transferor as the case may be.
(2) No land within the area to which this Act extends, shall be transferred by a tribal to a non-tribal or by a non-tribal to another non-tribal or even by any tribal domicile of the State as described in sub-section (16) and sub-section (45) of section 2 of this Act to a non-domicile tribal except with the previous sanction of the Government;
Provided that the Government, if satisfied, may, from time to time by notification,
(1) In granting or refusing sanction under section 98, the Government shall also take into account the following matters according to the circumstances of each case:-
(a) whether the non-tribal holds any other land in the State;
(b) whether there is any other tribal willing to take the land on transfer at the market value;
(c) whether the non-tribal seeking to take the land on transfer is carrying on any business, profession or vocation in or near the area and whether for the purposes of such business, profession or vocation, it is necessary for him to reside in the area;
(d) interests of the Scheduled Tribes in the area;
(e) whether the land proposed to be transferred is actually required as a place of public religious worship by any community or as burial or cremation ground;
(f) whether the land sought to be transferred is for t
All valid transfers of land shall be compulsorily registered within the State under the provisions of the Indian Registration Act, 1908 as amended from time to time and subject to the provisions of the said Act.
(1) If any person is found in possession of any land otherwise than in accordance with the provisions of this Act, the competent authority may serve a notice upon such person requiring him to show cause why he should not be evicted from the land, and, after giving him an opportunity of being heard, require him to vacate the land and to remove any buildings or fences which may have been erected thereon, within such time as may be fixed in this behalf.
Provided that annual crops actually growing on the land if any, shall be allowed to remain till they are harvested or reasonable time prescribed by the competent authority.
(2) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may evict such person from the land.
(3) The competent authority, upon such land being vacated, may restore the land to the original transferor or his successor-in-interest
No land belonging to any domicile tribal shall be sold in execution of any decree or order passed by a court or any other authority to any non-domicile tribal or non-tribal except with the previous permission of the competent authority.
Any person or persons intentionally disobeying an order or requisition to vacate under section 101 shall be liable to a fine which may extend to Rupees ten thousand, and in case such disobedience is continued, to a further fine which may extend to Rupees five thousand for each day during which such breach continues.
All offences punishable under this Act shall be cognizable and bailable.
Nothing contained in this Act shall apply to –
(1) Any transfer of land as security for any loan granted by such banking company, non-banking financial institutions, co-operative society or other credit institutions recognized by Reserve Bank of India from time to time.
Provided that a banking company, non-banking financial institution, co-operative society or other credit institutions as notified above by the Government shall not transfer any such land to a person who is non-tribal or non-domicile tribal except with the previous sanction of the competent authority as provided in section 98;
(2) letting out on rent of any building standing on land;
(3) any transfer of land to or in favour of the Government;
(4) any transfer of land to, or in favour of –
(a) any company, corporation, society (including co-operative society), autonom
No suit shall be brought in any civil court to set aside or modify any order made in respect of land revenue assessment, collection of land revenue or taxes or imposition of penalty on arrear.
No suit, prosecution or legal proceeding shall lie against any authority or officer for anything done in good faith under this Chapter.
Each apartment including group housing in a cooperative basis together with the percentage of undivided interest in the common areas and facilities of such apartment shall, for all purposes, constitute heritable and transferable immovable property within the meaning of any law for the time being in force, and accordingly, an apartment owner may transfer his apartment and the percentage of undivided interest in the common areas and facilities of such apartment by way of sale, mortgage, lease, gift, exchange or in any other manner whatsoever in the same manner, to the same extent and subject to the same rights, privileges, obligations, liabilities, legal proceedings, remedies and to penalty, forfeiture and punishment as any other immovable property or make a bequeath of the same under the laws applicable to the transfer and succession of immovable property.
Each group housing or apartment owner shall be entitled to exclusive ownership and possession of his apartment in accordance with the Land Settlement Certificate (Apartment) executed and registered in accordance with the provisions of these Act.
(1) Each group housing or apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage specified in the Land Settlement Certificate (Apartment). Such percentage shall be computed by taking as the basis the extent of the plinth area available in the apartment in relation to the total extent of the plinth area available in the building.
(2) The percentage of the undivided interest of each apartment owner in the common areas and facilities, if any, as expressed in the Land Settlement Certificate (Apartment) shall have a permanent character, and shall not be altered without the consent of all the apartment owners.
The percentage of the undivided interest in such common areas and facilities shall not be separated from the apartment to which it appertains, and shall be deemed to be conveyed or encumbered with the apartment whether or not such interest is expressly mentioned in
No apartment owner shall do any work or put the apartment to any other use which would jeopardize the soundness or safety of the property, reduce the value thereof nor shall any apartment owner add any material structure or excavate any additional basement or cellar without previously obtaining the unanimous consent of all the other apartment owners.
The Land Settlement Certificate (Apartment) shall contain the following particulars:-
(1) Description of the land on which the building and improvements are located (including survey number, plot number etc.); and whether the land is freehold or leasehold and if leasehold, the period of such lease.
(2) Description of the building stating the number of storey and basements, the number of apartments and the principal materials to which it is or is to be constructed.
(3) The apartment number of each and a statement of its location, approximate plinth area, number of rooms and immediate common area to which it has access, and any other particulars necessary for its proper identification.
(4) Description of the common areas and facilities and the percentage of undivided interest appertaining to the apartment in the common areas and facilities.
(5) Total plint
(1) Subject to the provisions of the Mizoram Land Survey and Settlement Operation Act, 2003 (4 of 2003) as amended from time to time and such rules as may be made by the State Government in this behalf, the Director of Land Records or the Director or the competent authority, as the case may be, shall give effect to allotment or partition of such multi-storied units or flats or apartments of multi-storeyed buildings to legal inheritors or transferees of the land or building, as may be prescribed.
(2) No transfer of multi-storeyed units or flats or apartments of any multi-storied building shall be made by way of sale, exchange, gift, bequest or mortgage with possession, without prior permission from the Government or competent authority.
(3) If the inheritors or transferees of such storeyed property have a joint interest in the land, their names shall be entered as co-holders in the record-of-rights.
(1) The Land Settlement Certificate (Apartment) and every endorsement thereon relating to the transfer of the apartment including development right and the Floor Plan of the building shall be registered under Registration Act, 1908 (Central Act XVI of 1908) as adapted in the State of Mizoram and for purpose of the said Act, the said documents shall be deemed to be documents of which registration is compulsory.
(2) The floor plan of the multi-storeyed building or group housing shall be registered under building regulations of Municipalities or Local Bodies or any other Authorities under the government.
All documents, statements and registers maintained under this Act or the rules framed there under shall be open to inspection during such hours and subject to such conditions and payment of fees as may be prescribed. Any person shall, on payment of such fees, be entitled to be furnished with a copy of, or any portion of any such document, statement or register.
Subject to the provisions of this Act, the cost of and incidence to proceedings before any Revenue Officer or the Tribunal shall be at his/its discretion and he/it shall have full powers to determine by whom or for what property and to what extent such costs are to be paid and to give all necessary direction for the purposes aforesaid.
Every notice or other document required or authorized to be served under this Act may be served either -
(a) by delivering it to the person on whom it is to be served, or
(b) by leaving it at the usual or last known place of abode of that person, or
(c) by sending it in a registered letter addressed to that person at his usual or last known place of abode, or
(d) in case of a corporate body by delivering it or sending it in a registered letter addressed to the Secretary or other principal functionary of the company or body at its principal office, or
(e) in such other manner as may be laid down in the Code of Civil Procedure, 1908 (Act V of 1908).
Unless otherwise specially provided in this Act, the provision of section 5 of the Indian Limitation act, 1963 shall apply to all proceedings under this Act.
Save as otherwise provided in this Act, any of the provisions of Indian Easements Act, 1882 (Act V of 1882) as amended from time to time shall apply to the proceedings under this Act, subject to the manner prescribed by the Government that it deems expedient to apply such provision to such case or situation or area.
(1) No person shall, without authority in that behalf, remove earth, sand or other materials or deposit any matter or make any encroachment from, in, or on any land vested in the State Government, or in any way obstruct the same.
(2) Any encroachment in the manner described in sub-section (1) of this section of public place or public material or public space shall be decided by the Government as per provisions of the Mizoram (Prevention of Government Land Encroachment) Act, 2001 as amended from time to time.
(1) Subject to such rules as may be made in this behalf, the land records, maps, registers, accounts and other relevant documents prepared and maintained by means of computer-aided marking such as bar code, biometric record and photo etc. or other electronic device shall be legally valid document and it shall have the same evidential value as a document prepared and maintained in accordance with this Act or in any other laws for the time being in force.
(2) A set of computerized print-out of such records, duly authenticated by the competent authority, shall be taken up for updating and for issue of original or certified copies through computer. Such computerized record-of-right, duly authenticated by the competent authority, shall be presumed to be correct, and on a par with the original copy of record-of-rights.
The State Government may, by notification in the Official Gazette, delegate any of its powers to be exercised under this Act to any authority subordinate to it subject to such reservations as may be specified in the notification.
(1) No suit, prosecution or legal proceedings shall lie against any person for anything done or intended to be done in good faith in pursuance of this Act or any rules made thereunder.
(2) No suit or other legal proceedings shall lie against the State Government for any damage caused or likely to be caused or for any injury suffered or likely to be suffered by virtue of any provisions of this Act or by anything done or intended to be done in good faith in pursuance of this Act or any rules made thereunder.
The Government may prescribe from time to time what land records, maps, registers, accounts and other records shall be kept by the Village Councils and the Local Councils.
Whoever contravenes any provision of this Act for which no penalty has been otherwise provided for therein shall be punishable with fine which may extend to five thousand rupees or imprisonment which may extend up to six months or both.
Subject to the provisions of this Act and rules made thereunder, any officer while dealing with proceedings under this Act shall exercise the powers of a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908) for the purpose of-
(a) Summoning and enforcing the attendance of any person and examining him on oath as a witness;
(b) requiring the discovery and production of any document or record;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any office;
(e) issuing commission for the examination of witness or documents;
(f) enforcing of execution orders including an order for restoration of possession as if such orders were decrees of a civil court;
(g) remanding any case or proceedings to the officer from whose decree the appeal is preferred, and whi
Save and except the provisions of any other law to which the provisions of this Act have been subject to, the latter shall have overriding effect over the provisions contained in any other law of the State for the time being in force or in any custom or usage or in any contract, express or implied, or any instrument having effect by virtue of any such State law other than this Act;
Provided that in case more than one law have been given the overriding effect and are in conflict, then latest law shall have the overriding effect.
If any difficulty arises in giving effect to the provisions of this Act, the state Government may, as occasion may require, by notification in the official Gazette, take any action not inconsistent with the provisions of this Act, which appears necessary or expedient for the purpose of removing the difficulty.
any other competent authority under this Act as may appear to the Government to be necessary for the purpose of carrying out the provisions of this Act or the rule made thereunder.
Any case instituted or pending in a civil court immediately before coming into force of this Act, which would under this Act, shall be exclusively liable to be tried by a Revenue Court, and shall be disposed of by such civil court according to the law in force prior to the commencement of this Act.
(1) On and from the date of commencement of this Act, the following enactments with all amendments thereof as in force in the State shall stand repealed, namely-
(a) The Assam Land and Revenue Regulation, 1886 (Assam Act No. 1 of 1886) as extended to Mizoram and as adapted.
(b) The Lushai Hills District (House Site) Act, 1953 as adapted.
(c) The Lushai Hills District (Jhumming) Regulation 1954 as adapted.
(d) The Mizo District (Land and Revenue) Act, 1956 as adapted.
(e) The Mizo District (Agricultural Land) Act, 1963, as adapted.
(f) The Mizo District (Transfer of Land) Act, 1963 as adapted.
(g) The Mizoram Land Holding and Settlement Act, 2000 (Mizoram Act no. 1 of 2001).
(h) The Mizoram (Taxes on Land, Building and Assessment of Revenue) Act 2004.
(2) The repea
(1) The State Government may, by notification in the official Gazette, make rules for the purpose of carrying out the provisions of this Act.
(3) Every rules made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly of Mizoram while it is in session for a total period of not less than fourteen days which may be comprised in one session or two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Assembly makes any modification in the rules or decides that the rules shall not be made, then the rules and regulations or notifications if any, made 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 annulment shall be without prejudice to the validity of anything previously done under such rules and regulations or notifications, if any.
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