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 IX	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 rules
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:-