Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016 104Chapter XIII · Miscellaneous

Section 104 · Repeal and savings

(1)

The Land Acquisition Act, 1894 (No. 1 of 1894) as adapted in the State of Mizoram along with its subsequent State Amendment Act, 2011 (Act No. 10 of 2011) hereby stand repealed.

(2)

Save as otherwise provided in this Act, the repeal under sub-section (1) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeals.

(3)

The Mizoram (Land Acquisition, Rehabilitation and Resettlement) Ordinance, 2015 (1 of 2015) is hereby replaced.

(4)

Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.The First Schedule[See section 30 (2)]Compensation For Land OwnersThe following components shall constitute the minimum compensation package to be given to those whose land is acquired as referred to in clause (c) of section 2 in a proportion to be decided by the Government.

Serial No.	Component of compensation package in respectof land acquired under the Act	Manner of determination of value	Date of determination of value
(1)	(2)	(3)	(4)
1.	Market value or consented amount	To be determined as provided under section 26or 27 (2)
2.	Value of assets attached to land or building	To be determined as provided under section 29.
3.	Solatium	Shall be determined according to the followingcategories over the market value of land and value of assetsattached to land or building :
		Category - I
		(a) Land, assets or building inherited from theforefather by the present owner or occupants legally for notless than thirty years in which the building or land or assetsis the main source of livelihood for the occupants or ownershall be paid not more than one hundred per cent and not lessthan seventy per cent;
		(b) Land, assets or building inherited from theforefather by the present owner or occupants legally for notless than thirty years in which the building or land or assetsis not the main source of livelihood for the occupants or ownershall be paid not more than seventy per cent and not less thanfifty per cent.
		Category - II
		(a) Land, assets or building which is notinherited from the forefather but acquired legally by thepresent owner or occupants and main source of livelihood orincome for the occupants or owner for more than twenty yearsshall be paid not more than fifty per cent and not less thanforty per cent.
		(b) Land, assets or building which is notinherited from the forefather but acquired legally by thepresent owner or occupants and not the main source of livelihoodor income for the occupants or owner for more than twenty yearsshall be paid not more than forty per cent and not less thanthirty per cent.
		Category - III
		(a) Land, assets or building acquired legallyby the present owner or occupants and used for dwelling and mainsource of livelihood or income for the occupants or owner formore than ten years shall be paid not more than thirty per centand not less than twenty per cent.
		(b) Land, assets or building acquired legallyby the present owner or occupants not for dwelling but for mainsource of livelihood or income for the occupants or owner formore than ten years shall be paid not more than twenty per centand not less than ten per cent.
		(c) Land, assets or building acquired legallyby the present owner or occupants not for dwelling and not formain source of livelihood or income for the occupants or ownerfor not more than ten years shall be paid not more than ten percent.
		Provided that on assessing the value of landthe officials so detailed to assess shall physically verify theland, assets or building on whether the claim made is notillegal.
4.	Final award	Market value of land plus value of assetsattached to land or building, and amount of solatium with aninterest to be paid mentioned against serial number 4 undercolumn (2) or consented amount under Section 27 (2).
5.	Other component, if any, to be included

Note. - The date on which values mentioned under column (2) are determined should be indicated under column (4) against each serial number.The Second Schedule[See sections 31 (1), 38 (1) and 100 (3)]Elements of Rehabilitation and Resettlement Entitlements For All The Displaced Familes On Compulsory Acquisition Whose Livelihood Is Primarily Dependent On Land Acquired In Addition To Those Provided In The First Schedule.

Serial No.	Elements ofRehabilitation and Resettlement Entitlements acquired under theAct	Entitlement /provision	Whether providedor not (if provided, details to be given
(1)	(2)	(3)	(4)
1.	Provision of housing units in case ofdisplacement	(1) If a house is lost in rural and urbanareas, a constructed house shall be provided, which will be notless than 50 sq. m in plinth area.
		(2) The benefits listed above shall also beextended to any displaced family which is without homestead landand which has been residing in the area continuously for aperiod of not less than three years preceding the date ofnotification of the affected area and which has beeninvoluntarily displaced from such area:
		Provided that any such family in rural andurban areas which opts not to take the house offered, shall geta one-time financial assistance for house construction, whichshall be one lakh twenty thousand rupees for rural areas and onelakh fifty thousand rupees for urban areas :Provided furtherthat no family displaced by acquisition shall be given more thanone house under the provisions of this Act.
		Explanation.-The houses in urban areas may, ifnecessary, be provided in multi-storied building complexes.
2.	Choice of Annuity or employment	(a) The Government may, if felt needed, ensurethat the displaced families are provided with annuity policiesthat shall pay not less than two thousand rupees per month perfamily for twenty years, with appropriate indexation to theConsumer Price Index for Agricultural Labourers; or
		(b) where jobs are created through the project,after providing suitable training and skill development in therequired field, make provision for employment at a rate notlower than the minimum wages provided for in any other law forthe time being in force, to at least one member per affectedfamily in the project or arrange for job in such other projectas may be required.
3.	Subsistence grant for displaced Each displacedfamilies for a period of one year	family which is displaced from the landacquired shall be given a monthly subsistence allowanceequivalent to three thousand rupees per month for a period ofone year from the date of award.
4.	Transportation cost for displaced families	Each displaced family which is displaced shallget a one-time financial assistance up to fifty thousand rupeesas transportation cost for shifting of the family, buildingmaterials, belongings and cattle or as decided by the DistrictCollector.
5.	Cattle shed/petty shops cost	Each displaced family having cattle or having apetty shop shall get one-time financial assistance of suchamount as the Government may, by notification, specify subjectto a maximum of twenty-five thousand rupees for construction ofcattle shed or petty shop as the case may be.
6.	One-time grant to artisan, small traders andcertain others	Each displaced family of an artisan, smalltrader or self-employed person or an affected family which ownednon-agricultural land or commercial, industrial or institutionalstructure in the affected area, and which has been involuntarilydisplaced from the displaced area due to land acquisition, shallget one-time financial assistance of such amount as theGovernment may, by notification, specify subject to a maximum oftwenty five thousand rupees.
7.	One - time Resettlement Allowance	Each displaced family shall be given a one-time"Resettlement Allowance" not exceeding fifty thousandrupees only.
8.	Stamp duty and registration fee	(1) The stamp duty and other fees payable forregistration of the land or house allotted to the displacedfamilies shall be borne by the Requiring Body.
		(2) The land for house allotted to thedisplaced families shall be free from all encumbrances.
		(3) The land or house allotted may be in thejoint names of wife and husband of the displaced family.

The Third Schedule(See section 100)List of Enactments Regulating Land Acquisition and Rehabilitation And Resettlement

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