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Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

[29 August, 2013]

Contents

Sections

Particulars

Chapter I

Preliminary

1

Short title, extent and commencement

2

Application of Act

3

Definitions

Chapter II

Determination of Social Impact and Public Purpose

A.

Preliminary Investigation for Determination of Social Impact and Public Purpose

4

Preparation of Social Impact Assessment Study

5

Public hearing for Social Impact Assessment

6

Publication of Social Impact Assessment Study

B.

Appraisal of Social Impact Assessment Report by an Expert Group

7

Appraisal of Social Impact Assessment Report by an Expert Group

C.

Examination of Proposal by a Committee Constituted by the Appropriate Government

8

Examination of proposals for land acquisition and the Social Impact Assessment report by appropriate Government

9

Exemption from Social Impact Assessment

Chapter III

Special Provisions to Safeguard Food Security

10

Special provisions to safeguard food security

Chapter IV

Notification and Acquisition

11

Publication of preliminary notification and power of officers thereupon

12

Preliminary survey of land and power of officers to carry out survey

13

Payment for damage

14

Lapse of Social Impact Assessment Report

15

Rescission of preliminary notification

16

Hearing of objections

17

Preparation of Rehabilitation and Resettlement Scheme by the Administrator

18

Review of the Rehabilitation and Resettlement Scheme

19

Approved Rehabilitation and Resettlement Scheme to be made public

20

Publication of declaration and summary of Rehabilitation and Resettlement

21

Land to be marked out, measured and planned including marking of specific areas

22

Notice to persons interested

23

Power to require and enforce the making of statements as to names and interests

24

Enquiry and land acquisition award by Collector

25

Land acquisition process under Land Acquisiton Act, 1894 shall be deemed to have lapsed in certain cases

26

Period within which an award shall be made

27

Determination of market value of land by Collector

28

Determination of amount of compensation

29

Parameters to be considered by Collector in determination of award

30

Determination of value of things attached to land or building

31

Award of solatium

Chapter V

Rehabilitation and Resettlement Award

32

Rehabilitation and Resettlement Award for affected families by Collector

33

Provision of infrastructural amenities in resettlement area

34

Corrections to awards by Collector

35

Adjournment of enquiry

36

Power to summon and enforce attendance of witnesses and production of documents

37

Power to call for records, etc

38

Awards of Collector when to be final

39

Power to take possession of land to be acquired

40

Additional compensation in case of multiple displacements

41

Special powers in case of urgency to acquire land in certain cases

42

Special provisions for Scheduled Castes and Scheduled Tribes

43

Reservation and other benefits

Chapter VI

Procedure and Manner of Rehabilitation and Resettlement

44

Appointment of Administrator

45

Commissioner for rehabilitation and resettlement

46

Rehabilitation and resettlement committee at project level

47

Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons

48

Qualification and deposit of rehabilitation and resettlement amount

Chapter VII

National Monitoring Committee for Rehabilitation and Resettlement

49

Establishment of National monitoring committee for rehabilitation and resettlement

50

Reporting requirements

51

Establishment of State Monitoring Committee for rehabilitation and resettlement

Chapter VIII

Establishment of Land Acquisition, Rehabilitation and Resettlement Authority

52

Establishment of Land Acquisition, Rehabilitation and Resettlement Authority

53

Composition of Authority

54

Qualifications for appointment as Presiding Officer

55

Terms of office of Presiding Officer

56

Staff of Authority

57

Salary and allowances and other terms and conditions of service of Presiding Officers

58

Filling up of vacancies

59

Resignation and removal

60

Orders constituting Authority to be final and not to invalidate its proceedings

61

Powers of Authority and procedure before it

62

Proceedings before Authority to be judicial proceedings

63

Members and officers of Authority to be public servants

64

Jurisdiction of civil courts barred

65

Reference to Authority

66

Collector’s statement to Authority

67

Service of notice by Authority

68

Restriction on scope of proceedings

69

Proceedings to be in public

70

Determination of award by the Authority

71

Form of award

72

Costs

73

Collector may be directed to pay interest on excess compensation

74

Re-determination of the amount of compensation on the basis of the award of the Authority

75

Appeal to High Court

Chapter IS

Apportionment of Compensation

76

Particulars of apportionment to be specified

77

Dispute as to apportionment

Chapter X

Payment

78

Payment of compensation or deposit of same in Authority

79

Investment of money deposited in respect of lands belonging to person incompetent to alienate

80

Investment of money deposited in other cases

81

Payment of interest

Chapter XI

Temporary Occupation of Land

82

Temporary occupation of waste or arable land, procedure when difference as to compensation exists

83

Power to enter and take possession and compensation on restoration

84

Difference as to condition of land

Chapter XII

Offences and Penalties

85

Punishment for false information, malafide action, etc.

86

Penalty for contravention of provisions of Act

87

Offences by Companies

88

Offences by Government departments

89

Cognizance of offences by court

90

Offences to be non-cognizable

91

Offences to be cognizable only on complaint filed by certain persons

Chapter XIII

Miscellaneous

92

Magistrate to enforce surrender

93

Service of notice

94

Completion of acquisition not compulsory, but compensation to be awarded when not completed

95

Acquisition of part of house or building

96

Acquisition of land at cost of a local authority or Requiring Body

97

Exemption from income-tax stamp duty and fees

98

Acceptance of certified copy as evidence

99

Notice in case of suits for anything done in pursuance of Act

100

No change of purpose to be allowed

101

No change of ownership without permission to be allowed

102

Return of unutilised land

103

Difference in price of land when transferred for higher consideration to be shared

104

Provisions to be in addition to existing laws

105

Option of appropriate Government to lease

106

Provisions of this Act not to apply in certain cases or to apply with certain modifications

107

Power to amend Schedule

108

Power of State Legislatures to enact any law more beneficial to affected families

109

Option to affected families to avail better compensation and rehabilitation and resettlement

110

Power of appropriate Government to make ruless

111

Rules made by Central Government to be laid before Parliament

112

Rules made by State Government to be laid before State Legislature

113

Previous publication of rules made by Central and State Government

114

Power to remove difficulties

115

Appeal to High Court

Schedules

 

 

First Schedule

 

Second Schedule

 

Third Schedule

 

Fourth Schedule

A BILL to ensure, in consultation with institutions of local self-government and Gram Sabhas established under the Constitution, a humane, participative, informed and transparent process for land acquisition for industrialisation, development of essential infrastructural facilities and urbanisation with the least disturbance to the owners of the land and other affected families and provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition and make adequate provisions for such affected persons for their rehabilitation and resettlement and for ensuring that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their post acquisition social and economic status and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:—



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