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

Section 5

Amendment status not verified — confirm the current text below against the official source.

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 Act except on a complaint in writing of a Revenue Officer specially 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”.

Section 5 – The Mizoram (Prevention of Government Land Encroachment) (Amendment) Act, 2012 | DailyLaw.ai