LUSHAI HILLS ACT NO. 1 OF 1953
The Lushai Hills District (House sites) Act, 1953
(Passed by the Lushai Hills District Council)
(Received the assent of the Governor of Assam on 2nd may, 1953)
(Published in the Assam Gazette, dated 6th May, 1953)
An Act
to provide for the allotment of sites for residential or other non-agricultural purposes
1. Short title, extent & commencement -
1) This act may be called the Lushai Hills District (House sites) Act, 1953.
2) It extends to the whole of Mizoram excepting the areas under the Autonomous District Councils of Pawi, Lakher and Chakma.
3) It shall come into force at once.
2. Definition - In this Act except where it is otherwise expressly provided or the context otherwise requires :-
1) “District” means a District in Mizoram declared to be as such by order of the Administrator of Mizoram.
2) The Administrator means the Administrator of Mizoram appointed by the President under Article 239 of the constitution.
3) “Village Council” means the Village council constituted under provisions of the Lushai Hills Autonomous District (Administrator of Justice) Rules, 1953.
4) “Reserved Forest” shall have the same meaning assigned to it by sub-paragraph 2 of paragraph 3 of the Sixth Schedule to the Constitution of India.
3. Allotment of sites -
1) Subject to the provisions of sub-section (2) of this section, a Village Council shall be competent to allot sites within its jurisdiction for residential and other non-agriculture purpose with the exception of shops and stalls which include hotels and other business houses of the same nature.
Not withstanding anything in this act, the Administrator shall have the power to intervene in all cases of disputes over any sites within the village, and the decision of the Administrator shall be final.
Provided that the Administrator may, at any time by notification, declare that any village or a particular locality is a protected area where allotment of sites shall be done by Village Council only with the previous approval of the Administrator.
2) The Administrator or any other person or body authorised in that behalf by the Administrator shall allot sites for residential and other non-agricultural purposes in Aizawl, Lunglei, Demagiri, Sairang, Kolasib, Champhai and Vanlaiphai and also sites for shops and stalls which may include hotels and other business houses of the like nature in places other than the said stations.
3) The Village Council, when site is alloted under sub-section (1) and the Administrator or any other person or body, authorised in that behalf by the Administrator when the site is allotted under sub-section (2) shall issue a patta and may incorporate therein in writing such conditions as may be reasonable in the interest of general public or of a Scheduled Tribe.
4) The authority issuing the patta on being satisfied on proof that any such condition or conditions incorporated in the Patta have been violated may cancelled the Patta.
Provided that such authority instead of cancelling the Patta may impose a fine, when such authority is a Village council, not exceeding Rs 50/- and when the authority is the Administrator or any other persons or body authorised in that behalf by the Administrator, not exceeding Rs. 100/-
5) No Person shall occupy any site without obtaining a Patta from a competent authority as prescribed in sub-section (1) or Sub-section (2) as the case may be.
6) The Village Council when the site is alloted under sub-section (1) the Administrator or any other person or body authorised in that behalf by the Administrator when it is allotted under sub-section (2) may evict any person having in occupation of unauthorised site after service on such unauthorised occupant of a notice to vacate the site within a period of not less than 7 days.
7) On failure of such unauthorised occupant to vacate the site within the time fixed in the notice the Village Council or Administrator or any other person or body authorised by the Administrator in that behalf, may order for demolition of the building or impose a fine not exceeding Rs 5/- per day for the unauthorised occupation after the service of the notice.
8) The order of the Administrator or a Village Council as the case may be, passed under clauses (6) and (7) above shall be deemed to be a decree of a competent civil court for the purpose of evicting an unauthorised occupant from a site to which this Act applies.
4. The Administrator of Mizoram may, from time to time make rules for carrying out the purpose of this Act.
