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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 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:-



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