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Mizoram act 010 of 2011 : The Land Acquisition (Mizoram Amendment) Act, 2011

The Mizoram Gazette

EXTRA ORDINARY

VOL - XL Aizawl, Wednesday 20.7.2011 Asadha 29, S.E. 1933, Issue No. 305 Published by Authority

RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 Rs. 1/- per page

NOTIFICATION

No.H.12018/203/09-LJD, the 18thJuly, 2011. The following Act of the Mizoram Legislative Assembly which received the assent of the Governor of Mizoram is hereby published for general information. The Land Acquisition (Mizoram Amendment) Act, 2011 (Act No. 10 of 2011) {Received the assent of the Governor of Mizoram on the 13thJuly, 2011}

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ACT

to amend the Land Acquisition Act, 1894 (Central Act No. 1 of 1894) (hereinafter referred to as the Principal Act) to provide for a specific provision empowering the state government to examine afresh the draft award made by the Collector in certain case and to take punitive action against offenders of any criminal activities and also to provide maximum capping while determining the value of the land. It is enacted by the Legislative Assembly of Mizoram in the sixty second year of the Republic of India as follows :-

1. (1) This Act may be called the Land Acquisition (Mizoram Amend- ment) Act, 2011.

(2) It shall extend to the whole State of Mizoram.

(3) It shall commence from the date of its publication in the Mizoram Gazette.

2. (1) In section 5A of the Principal Act, after sub-section (1), the fol- lowing proviso shall be added, namely-

Amendment of sub-section 5A Short title and commencement

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"Provided that if no objection from any person inter- ested in any part of the notified land is received by the Collector within the said period of thirty days, with ad- equate documentary proof of such interest or rights, if any, the proposed acquisition of such land shall not be deemed to be of compulsory nature for the purposes of sub-section (2) of section 23 of this Act."

(2) In section 5A of the Principal Act, after sub-section (2), the following proviso shall be added, namely :-

'Profided that the State Government shall, while con- sidering the Draft award for approval, shall examine the genuineness of LSC, other documents of Land Lease, Periodic Patta or any other form of valid land holding as per law in force. If it is in the opinion of the State Government that either the ownership or the land Certificates/Passes is doubtful, then it may itself make a decision in the interest of justice or direct the Collec- tor to conduct a fresh enquiry, and any person who is found to have committed prima facie an offence in this connection punishable under any provisions of law in force, shall be proceeded against by filing a FIR and puninished accordingly."

Sd/- Secretary,

Law & Judicial Department, Govt. of Mizoram.

Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/650

Ex-305/2011 2

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