1. Definition [Rule 2 (p) & (q)]: “Periodic Patta” means a prescribed Land Settlement document setting agricultural land periodically whereby an individual has entered an agreement with the Government to pay land revenue, taxes, cesses at the rate legally assessed or imposed in respect of the land so leased out;
“Periodic Patta holder” means licensed cultivator of land for a limited tenure of period who has acquired rights under section 25 of the Act .
2. Periodic Patta is for agricultural purpose [Rule 5]: Allotment of land for agricultural purposes shall be made either by Periodic Patta or by land lease for specific tenure and for specific purpose, such as, commercial plantation, horticultural farming, agricultural farming etc. The holder of Periodic Patta or lease holder shall have to comply with terms and conditions laid down in these Rules (Mizoram Land Revenue Rules, 2013).
Terms and conditions of Periodic Patta (PP):
(1) The Agricultural Land temporarily allotted to the holder of the Periodic Patta shall not utilize the land wholly for another purpose than specified.
Explanation: Failure to utilize the land for the intended purpose to the extent of 60 per cent of the land area will be deemed to be diversion of land from the intended purpose.
(2) The holder of periodic patta shall pay annual land revenue and other taxes, cesses and at therate payable in the Periodic Patta. As provided in section 54 of the Act, the rate of revenue and other taxes, cesses may be increased by the Government from time to time or the land may be re-classified by the Government or by the Officer so authorized.
(3) The holder of Periodic Patta has no right to obstruct the reservation of mine, stone quarry, etc. made by the Government within the land allotted to him. The Government shall have unhindered access to further exploration and extraction of the same.
(4) The Government or officer authorized may, at any time, order for the alteration or demolition of fencing either completed or under construction in it, if, in the opinion of the said authority, such fencing is against the public interest, and the holder shall comply with the order.
(5) The holder of Periodic Patta has no right whatsoever to transfer the land whether in part or in whole except in accordance with the provisions of the Act.
(6) The holder of Periodic Patta shall comply with any orders issued by the Government of Mizoram, or officer so authorized in the interest of public health, public convenience, safety of general public.
(7) The holder of Periodic Patta has the right to clear the land and to burn or dispose of forest produce in it for the sole purpose of cultivation.
(8) The Periodic Patta may be cancelled at any time even before the expiry of the tenure; if the same is required for the public purposes but reasonable time shall be given to the holder for collection of the Agricultural products in it.
(9) The Periodic Patta shall be treated as cancelled automatically if it is not renewed on application within 6(six) months before the date of its expiry.
(10) If the holder of Periodic Patta has no further use of the land at the expiry of the period of allotment, he shall compulsorily surrender the Periodic Patta to the Government.
(11) Violation of any of the above terms and conditions mentioned at clause (1) to (10) of this rule may entail cancellation of the Periodic Patta
3. Classification of Land holder: Periodic Patta holder is a person to whom land has been leased out for a fixed or limited period for specific purpose such as, commercial plantation, horticulture and the like [Sec. 21 (2)].
4. Accrual of rights: Every person who, at the commencement of this Act, holds land from the Government for purpose of agriculture as Periodic Patta holder and for non-agriculture as Pass Holder or Lease Holder, shall, subject to the proviso to sub-section (1) and provisions of sub-section (1), be entitled to the settlement of that land on fulfillment of such terms and conditions as may be prescribed [Sec 22 (2)].
5. Status of a Periodic Patta holder [Sec 24]: Every person belonging to any of the following classes shall be called a Periodic Patta holder or a temporary licensed cultivator and shall have all the rights and be subject to all the liabilities conferred or imposed upon the periodic patta-holder by or under this Act, namely -
(1) Every person who, at the commencement of this Act, holds any land from the Government under a valid periodic patta granted by the competent authority, and his successor-in-interest.
(2) Every person who acquires the rights of a periodic patta holder under or in accordance with the provisions of this Act and such rules as may be made in this behalf.
6. Rights of a Periodic Patta-holder [Sec 25]: A Periodic Patta-holder shall have a temporary right, title, interest and possession in the land held by him for such period and under such terms and conditions as the Government may specify in the periodic patta and shall have no right of transfer of ownership or inheritance of the land beyond the period as are specified in his periodic patta.
Provided that where no period is fixed in the existing periodic patta the validity of such patta shall, unless renewed, be deemed to expire after five years from the date of commencement of this Act.
7. Limitation on mortgage of land by land-holders [Sec 30]: Notwithstanding anything contained in this Act, a land-holder in respect of any agricultural land and non-agricultural land may mortgage his holding or part thereof in such circumstances as may be prescribed, as a security for any loan taken or to be taken from the State Government, a Co-operative Society, a bank or such other financial institution as may be notified in the Official Gazette by the State Government. In the event of his making default in the repayment of such loan in accordance with its terms, it shall be lawful for the lender, as the case may be, to cause his interest in the land to be attached and sold and the proceeds applied in payment of such loan as prescribed by law in force.
Provided that any mortgage by a Periodic Patta-holder or a Pass-holder or Lease Holder of his holding or any share thereof without prior permission in writing from the State Government or such Revenue authority shall be void.
8. Revenue Officers to issue Periodic Patta [Sec 43]: For allotment of land for agriculture and allied purposes, Revenue Officer may issue a Periodic Patta with prior approval of the Government for reclamation or preparation or development of land. Such Periodic Patta shall be valid only for initial 5 (five) years. After a period of 5 (five) years, if the land has not been reclaimed or prepared or developed, the Periodic Patta shall lapse automatically.
Provided that the land document shall contain clear geographical description (macro and micro mapping) and distinguishable boundary description accompanied by boundary pillars and accurate measurement of the area duly recorded.
9. Issue of Land Settlement Certificate for Agricultural purpose [Sec 44]: In case of Periodic Patta as mentioned in section 43, Revenue Officer or any officer authorized by the Government may issue Land Settlement Certificate exactly to the area covered in the Periodic Patta provided that the land has been reclaimed or developed for the intended purpose.
10. Transfer of ownership of land [Sec 98]:
(1) If a Settlement holder or Periodic Patta holder or Pass holder who is a domicile of the State wants to transfer his land partly or wholly to another, he shall apply using the form as may be prescribed by the Government from time to time and a new certificate or Periodic Patta or Pass will be issued with prior permission of the competent authority. Rates of new recording fees, etc. as may be fixed by the Government from time to time shall be paid by the transferee or transferor as the case may be.
(2) No land within the area to which this Act extends, shall be transferred by a tribal to a non-tribal or by a non-tribal to another non-tribal or even by any tribal domicile of the State as described in sub-section (16) and sub-section (45) of section 2 of this Act to a non-domicile tribal except with the previous sanction of the Government;
Provided that the Government, if satisfied, may, from time to time by notification, prohibit any transfer of land within such area or areas as may be specified in the notification and thereupon the competent authority shall not sanction any such transfer of land under the provision of this Act, within such area or areas.
(3) Every notification issued under the proviso to sub-section (2) of this section shall have effect only on the date of its first publication in the official gazette of Mizoram;
(4) No officer required under any law for the time being in force relating to registration of documents or to the recording of any right in or over land shall register any documents or record any right relating to any transfer of land which is contrary to sub-section (1) and (2) of this section.
(5) Any transfer of land made in contravention of the provisions of this section shall be void and shall not be enforceable in any court.
Explanation: The expression ‘non-tribal’ shall include Ministry, Unit, Body, Department, Undertaking, Corporation, Company, Society, Authority and the like under the Central Government or any State Government, any registered firm or society or association or company formed by the tribals, and any other corporate body even if comprised fully of the tribals and religious institution.
11. Exemption [Sec 105]: Nothing contained in this Act shall apply to –
(1) Any transfer of land as security for any loan granted by such banking company, non-banking financial institutions, co-operative society or other credit institutions recognized by Reserve Bank of India from time to time.
Provided that a banking company, non-banking financial institution, co-operative society or other credit institutions as notified above by the Government shall not transfer any such land to a person who is non-tribal or non-domicile tribal except with the previous sanction of the competent authority as provided in section 98;
Certified that the above is the extract of portions concerning with Periodic Patta from the Mizoram (Land Revenue) Act, 2013 and the Mizoram (Land Revenue) Rules, 2013.
(R. LALRAMNGHAKA)
Director
Land Revenue & Settlement Department
Mizoram, Aizawl.
