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,
noti fica tion, 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 th e 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 a ny reference to the High Court un:a1J,.,.,

the Lushai Hills District Council Court established und er 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 D eputy Com missioner 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 Counci l of the Lushai Hill~

Autonomous District constituted under the provisions of the Sixth Schedule to the
Constitution of India in accordance with the Assam Autonomous Districts ·cc

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

    - ouncil, 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
particulars as rna v 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(\fdan ce 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_     - nd 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

   - mcer 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 corr ection
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 th e .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 determin ed 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. .,.. , _:_

. 15. Protection of action taken under the Act.-No suit, prosecution or

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

same powers as are exercised by an Assistant to the Deputy .Commissioner u

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.


-----

