The ASSAM LUSHAI HILLS DISTRIC f (ACQUISITION OF CHIEFS' RIGHTS) ACT, 1954

··~----- ASSAM ACT XXI OF 1954 THE ASSAM LUSHAI HILLS DISTRIC f (ACQUISITION OF CHIEFS' RIGHTS) ACT, 1954 (Passed by the Assembly) (Received the assent of the President on the 2ith June 1954.) "' [Published in the A·ssam Gazttte, dated the 30th June 1954] An " Act to. provide for the acquisition by the State of certain rights and intemts of \ Chiefs in and over land in the Lushai Hills District. Preamble.-Whereas it is expedient to provide for the acquisition by the \ ":State of certain dghts and interest of chiefs in and over land in ~he Lushai Hills ' ~-District in the State of Assam ; 48 It is hereby en<;1cted as follows:- 1. Short title, extent and com.menc~ment.-(1) This Act may be the Assam Lushai Hills District (Acquisition of Chiefs' Rights) Act, 1954 ; (2) It shall come into force on such date as the State Government may, notification, appoint in this behalf. 2. Definitions.- In this Act, unless there is anything repugnant subject or context,- " (a) " autonomous region" means the Pawi-Lakher Autonomous constituted as such under sub-paragraph (2) of paragraph 1 of the Sixth to the Constitution of India ; (b) ''agriculture" includes horticulture ; (c) "agricultural year" means the Assaruese year commencing on the· clay of Baisak ; (d) "chief" means a chief of the Lushai Hills District recognised as by the State Government before the commencement of this Act ; (e) "Compensation Officer" means a Compensation Officer appointed the State Government under sub-section (2) of Section 7 of this Act ; (f) "Court'~ except in the case of any reference to the High Court un:a1J,.,., the Lushai Hills District Council Court established under sub-paragraph paragraph 4 of the Sixth Schedule to the Constitution of Iridia, or till such is established the Court of the Deputy Commissioner ; (g) "date of vesting" means the first day of the agricultural year n following the date of publication of the notification under section 3 of this Act (h) "Deputy Com missioner" means the Deputy Commissioner of Lushai Hills District and includes the Subdivisional Officer, Lungleh or an . Extra Assistant Commissioner or any other officer empowered by the S Government to discharge the functions of the Deputy Commissioner under any the provisions of this Act ; (i) "District Council'' means the District Council of the Lushai Hill~ Autonomous District constituted under the provisions of the Sixth Schedule· ctco the Constitution of India in accordance with the Assam Autonomous Districts t.jtution of District Councils) Rules, 1951 ; (j) ''Executive Committee" means the Executive Committee of the Lus Hill~ District Council ; · (k) "Fathang" means a due payable to a chief by a cultivator in kind in cash; (l) "Homestead" means a dwelling house (whether used by the owner let out on rent) and the land on which it stands together with any compound, attached garden, orchard and out-buildings, and includes any ou buildings used for purposes connected with agriculture or horticulture and tank or well and place of worship appertaining to such dwelling house ; (m) "Law" includes a tribal custom or usage having the force oflaw in Lushai Hills District ; (n) "Member-in-charge of the land affairs of the District Council " a member of the Executive Committee of the Lushai Hills District entrusted with the land affairs of the Council under sub-rule (1) of rule 31 of Assam Autonomous Districts (Constitution of District Council) Rules, 1951 (o) "prescribed" means prescribed by rules made under this Act ; (p) "Ram" means a tract or tracts of land held by a chief under a rilekha or boundary ,paper issued by the competent authority ; (q) ''Regional Council" means the Regional Council of the Pa autonomous region constituted under the provisions of the Sixth Schedule Constitution of India and in accordance with the Pawi-Lakher Auto Region (Constitution of Regional Council) Rules, 1952 ; (r) ''Rent" means whatever is lawfully payable ,in money or kind by lk te11ant on account of the use and occupation of land held by him ; (s) "Tenat'!:t" means a person who holds land under another person ana is or, but for a special contract, would be liable to pay rent for the land to that person, but does not include a person who holds immediately under 'Government ; (t) "Tin" means one four gallon kerosene oil tin. 3. Notification declaring the vesting of "Ram" in the State.-( 1) The ,,_,a.c~ ... ,~., .. Government may, from time to time, by notification declare that the rights interests of a chief in his Ram specified in the notification shall stand transferred to and vest in the Btate free from all encumbrances. 2) A copy of the aforesaid notification shall be served in the manner pres on the chief whose interest is affected by such notification. (3) The notification referred to in sub-section (1) shall also be circulated within the Ram concerned by the Deputy Commissioner in such manner as he deems fit. (4.) . The publication of such notification in the manner provided in sub sections ( 2) and (3) shall be conclusive evidence of the notice of declaration. to ·the chiefs whose interests are affected by such notification. 4. Consequence of such notification.-Notwithstanding anything contain ~11 in any law for the time being in force or in any agreement or contract ·~pressed or implied, on the publication of. the notification referred to in section 3, all rights and interests of the Chief in the Uam shall, save as otherwise expressly provided in this Act, cease and shall vest absolutely in the State free from all encumbrances in accordance with the provisions of this .Aict with effect from the agricultural year next following the date of publication of such notification. ' 5. Compensation how to be paid.-No compensation to any chief whose rights and interests in his Ram vest in the State under the J.>rovisions of this Act ·'shall be payable except as provided for in this Act. 6. Settlement of Rams.-(1) The District Council or the Regional Council, . as the case may be shall take over charge of any Ram, ~he rights and interestl of. the chief in which vest in the State. (2) All the Rams shall be administered by the District Council or the Regional ·Council, as the case may be, in accordance with the law for the time being in .furce in the Lushai Hills District. ! 7. Compensation Statements.-(!) Every Chief whose rights and interests in a Ram have vested. in the State in consequence of a notification issued under -section 3, shall be paid compensation according to the provisions of this Act. · (2) The State Government shall, as soon as possible after the publication ,,of notification under section 3, appoint one or more officers, to be hereinafter called Compensation Officer, to prepare a compensation statement in the manner -and form prescribed in the rules and to perform such ot'her duties as are pr-ovided · by any provision of this Act or by any rule made thereunder·; (3) The compensation statement shall inter alia contain {i) the total number of households within a Ram of the Chief, (ii) the am'"'unt .,of compensation to be , . paid under the provisions of this Act to such Chief and other persons whose · mterests are affected, (iii) whether payment to be made in cash or in kind, (iv) whether payment to be made in instalments or in a lump and (v) any other v particulars as rna be prescribed. · 8. qompensation payable to a Chietl-(1) The Compensation Officer ahall for the purpose of preparing the compensation statement, determine the so ainoimt of compensatio~ payable in respect of each Ram in the manner acc(\fdance with the principles hereinafter set out, that is to say: <·(:a) The compensation payable to a chief shall be as follows of ten years with effect from the date of vesting (i) three tins of paddy per year per household up to a limit of households in his Ram ; and {ii) two tins of paddy per year per household for every additional in the Ram beyond the limit of one hundred mentioned in (i) ab (b) For the purposes of clause (a)- (i) vvhere a chief has more than one Ram in his jurisdiction, all the shall be treated as one Ram and the total number of households be computed accordingly ; ( ii) the actual number of households within the Ram of a chief sh regarded as those paying Fathang to the Chief immediately pre · the commencement of this Act, and shall not include exempted from the payment thereof by virtue of profession, calling, employment or of the recognition of other services. (c) The amount of compensation shall, as and when p.aid in cash, calculated according to the market price of paddy prevailing at the time in locality where the Rom concerned is situated. (2) The compensation shall, in the first instance, be determined for the as a. whole and not separately for each of the co-sharers or interests therein. (3) The Compensation Officer shall then apportion the share of comp payable to a co-sharer or any persons having interests in the Rllm ·and if, in d so any question involving matters of civil nature arises, he shall dispose of matter in the prescribed manner. 9. Prelhninary publication of co:mpensation state:ment.-"-( l) Compensation Officer, after the determination of the compensation a chief under the provisions of section 8 shall prepare the com pens ment as provided for in sub-section (3) of section 7. (2) The Compensation Officer shall cause a .. draft of the statement to be published in the manner prescribed calling for objections any persons interested in it, to be submitted within a period prescribed. (3) A copy of such draft compensation statement shall be sent in the rna prescribed to the persons whose names appear in the compensation statemen (4) On receipt of any objections preferred within the prescribed the Compensation Officer shall consider and dispose of them according to rules. prescribed by the State Government. 10. Appeal.--( 1) An appeal, if presented within sixty days of the date order shall lie against any order of the Compensation Officer passed sub-section ( 4) of section 9 to the Deputy Commissioner, Lushai Hills (2) A further appeal shall lie to the High Court from any decision Deputy Commissioner, Lushai Hills District if preferred within days of such decision. ll. Final publicatio4 of co:mpensation statement.-( I) After of all objections and appeals under sections 9 and 10, the Officer shall correct the compensation statement in such a way as to effect to the order passed on>objections and appeals referred to in sections 9 10 and cause the compensation statement so corrected to be finally in the manner prescribed, and on such publication every entry in the tion stateme,nt, except as provided elsewhere in the Act, shall be final. (2) After the compensation statement has been published under (1), the Compensation Officer shall, within the period fixed by the Stat~' ment, by any general or special order, furnish a certificate to the 51 Oommissioner in the manner and form prescribed, stating the fa<;t of S.uch; pu~lication, and such certificate shall be conclusive proo~ of such. publicatio~: ·,~'"12. Correction of bonafide· mistakes, etc.-(1) No correction of .'the eotnpensation statement .after. it h~s be<;n. finally published under section ll spC111 If~ made, except as provided Ill th1s sectwn. · · ,. (2) Correction of b~ajide mistakes or corrections necessitated by succession or inheritance of any interest in the Ram can be made by the Compensation ·omcer at any time before the payment of compensation, either of his own -m.otion or on the appli.-:ation of the persons interested, but no such correction ahall be made while an appeal affecting such entry is pending. (3) If a chief dies within the period of ten years from the da:te of vesting and ifthe compensation payable to him is paid in instalments, the Coinpensatiot:I Officer shall correct the .compensation statement afrer ascertaining heirs oi representative of the deceased chief. · (4) Every time, in making such corrections as are referred to in sub-sections (2) and (3) the Compensation Officer shall cause a draft of the corrections to be pubHshed in the same manner as the draft compensation statement is required to ·be published under section 9 and after considering and disposing of any objec~ rions that may be made in the manner provided in the sub-section ( 4) of sec tion 9 shall cause the corrections to be finally published. 13. Mode of payment of compensation .-(l) The compensation shall 'be paid in cash or in kind. · (2) The amount of compensation payable to a cl1ief shall consist of a·ri equal annual recurring payment for a period of ten years if paid in kind or its equivalent if paid in cash. . Provided that the total amount ()f compensation may be paid, at· the option of the State Government, to a chief in a lump either in kind or in cash calculated on the basis of the prevailing market price of paddy in the locality where the R.am Is situated . (3) The State Government shall communicate its decision under the proviso to sub-section (2) above, to the Compensation Officer in the prescribed manner within a prescribed neriod. • (4) The Compensation Officer shall, as provided for in sub-sections (1), (Z) and (3) make payment of the compensation so payable to the person entitled according to the compensation statement finally published. - (5) If any dispute arises as to the title of any such person to receive:· the f!'."aUJvu• t, the Compensation Officer may, if he thinks fit, keep the amount in aeposit in the manner prescribed until the dispute is determined by Court to whom the parties shall Le referred and on such determination the Compensation Officer shall pay the amounts to the person or persons entitled to receive the s~me. 14. 'Bar to jurisdiction of Civil Courts in certain matters.-Save as otherwise expressly provided in any provisions under this Act, no suit or other proceedings shall lie in any Civil Court in respect of any entry in or omission from ·a compensation statement published under this Act or .in respect of any order passed or any act done or purporting, to be done under this Act or the rules made t~ereunder. .,.. , or : . 15. Protection of action taken under the Act.-No suit, prosecution f)ther proceedings shall lie against any officer of tll.e State or of the Oistrict Council or the Regional Council for anything in good faith· done or purpotting to be done under this Act or any rules mad_e thereunder. , _ • • 16. Enquiries or proceedings conducted by the Compensation Officer to be deemed as "Judicial prQc:eediil~s".-The Compensation Officer, ·for 52 the purposes of any enquiries or proceedings taken unqer. this Act shall have u same powers as are exercised by an Assistant to the Deputy .Commissioner the rules for the Regul2.1tion of the Procedure of Officers appointed to ad justice in the Lushai Hills published under Notification No.2530(a)-A .I~., 25th March 1937, as subsequently adapted and modified by the Autonomous Districts (Administration of Justice) Regulation, 1952, in of (a) enforcing the attendance of any person and examining him and (b) pelling the production of documents, and such enquiries or proceedings -.v, ........ .., ........ by the Compensation Officer shall be deemed to be judicial proceedings the afores~id Rules. 17. Power to order production of documents, registers, etc ..- S to any condition that may be prescribed, the Deputy Commissioner, the Council, the Regional Council or the Compensation Officer may, for the,..."'""'' ...... of this Act, require any person to produce any document, paper or regis is in his possession or under his control or to furnish any information may think necessary for the proper discharge of any duties under any of this Act. 18. Delegation of powers.-The State Government may, by notifi delegate to any officer or authority subordinate to it, any of the powers r .. Ynt~·rr~·~:~ on it by this Act to be exercised subject to any restriction and condition as be: specified in the said notification. 19. Penalties.-Whoever- (i) Wilfully fails or neglects to comply with any requirement him under this Act, or (ii) contravenes any lawful order passed under this Act, or (iii) obstructs or resists the taking by the District Council or Regional Council or any officer authorised by it in writi charge of any Ram the rights and interests of a Chief in have vested in the State under this Act, or (iv) furnishes information which he knows or believes to be false· does not believe to be true, shall on conviction before Magistrate, and in addition to any other action that may taken against him, be punishable with fine which may ex1ten<'hi: to one thousand rupees. 20. Power to remove difficulty.-If any difficulty arises in giving effecf any provision of this Act, the State Government may, as occasion requires, any ac_tion not inconsistent ~ith the provisions of this Act which may appear it rer.essary for the purpose of removing the difficulty. 21. Power to make rules.-l'he State Government may, subject previous publication, make. rules for carrying out the purposes of this Act.