GOVERNMENT OF KERALA
Law (Legislation-Publication) Department
NOTIFICATION
No. 9612/Leg.Pbn.2/2014/Law.
Dated, Thiruvananthapuram, 16th May, 2014.
The following Act of Parliament published in the Gazette of India,
Extraordinary, Part II, Section I dated the 27th day of September, 2013 is hereby
republished for general information. The Bill as passed by the Houses of
Parliament received the assent of the President of India on the 26th day of
September, 2013.
By order of the Governor,
C. P. RAMARAJA PREMA PRASAD,
Law Secretary.
Kerala Gazette No. 29 dated 22nd July 2014.
PART I
Section i
THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY
IN LAND ACQUISITION, REHABILITATION
AND RESETTLEMENT ACT, 2013.
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.
8.
Examination of proposals for land acquisition and Social Impact
Assessment report by appropriate Government.
9.
Exemption from Social Impact Assessment.
CHAPTER III
SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY
10.
Special provision 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.
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14.
Lapse of Social Impact Assessment report.
15.
Hearing of objections.
16.
Preparation of Rehabilitation and Resettlement Scheme by the
Administrator.
17.
Review of the Rehabilitation and Resettlement Scheme.
18.
Approved Rehabilitation and Resettlement Scheme to be made public.
19.
Publication of declaration and summary of Rehabilitation and
Resettlement.
20.
Land to be marked out, measured and planned including marking of
specific areas.
21.
Notice to persons interested.
22.
Power to require and enforce the making of statements as to names
and interests.
23.
Enquiry and land acquisition award by Collector.
24.
Land acquisition process under Land Acquisition Act, 1894 shall be
deemed to have lapsed in certain cases.
25.
Period within which an award shall be made.
26.
Determination of market value of land by Collector.
27.
Determination of amount of compensation.
28.
Parameters to be considered by Collector in determination of award.
29.
Determination of value of things attached to land or building.
30.
Award of solatium.
CHAPTER V
REHABILITATION AND RESETTLEMENT AWARD
31.
Rehabilitation and Resettlement Award for affected families by Collector.
32.
Provision of infrastructural amenities in resettlement area.
33.
Corrections to awards by Collector.
34.
Adjournment of enquiry.
35.
Power to summon and enforce attendance of witnesses and production
of documents.
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36.
Power to call for records, etc.
37.
Awards of Collector when to be final.
38.
Power to take possession of land to be acquired.
39.
Additional compensation in case of multiple displacements.
40.
Special powers in case of urgency to acquire land in certain cases.
41.
Special provisions for Scheduled Castes and Scheduled Tribes.
42.
Reservation and other benefits.
CHAPTER VI
PROCEDURE AND MANNER OF REHABILITATION AND
RESETTLEMENT
43.
Appointment of Administrator.
44.
Commissioner for rehabilitation and resettlement.
45.
Rehabilitation and resettlement committee at project level.
46.
Provisions relating to rehabilitation and resettlement to apply in case of
certain persons other than specified persons.
47.
Quantification and deposit of rehabilitation and resettlement amount.
CHAPTER VII
NATIONAL MONITORING COMMITTEE FOR REHABILITATION
AND RESETTLEMENT
48.
Establishment of National Monitoring Committee for rehabilitation and
resettlement.
49.
Reporting requirements.
50.
Establishment of State Monitoring Committee for rehabilitation and
resettlement.
CHAPTER VIII
ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND
RESETTLEMENT AUTHORITY
51.
Establishment of Land Acquisition, Rehabilitation and Resettlement
Authority.
52.
Composition of Authority.
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53.
Qualifications for appointment as Presiding Officer.
54.
Terms of office of Presiding Officer.
55.
Staff of Authority.
56.
Salary and allowances and other terms and conditions of service of
Presiding Officers.
57.
Filling up of vacancies.
58.
Resignation and removal.
59.
Orders constituting Authority to be final and not to invalidate its
proceedings.
60.
Powers of Authority and procedure before it.
61.
Proceedings before Authority to be judicial proceedings.
62.
Members and officers of Authority to be public servants.
63.
Jurisdiction of civil courts barred.
64.
Reference to Authority.
65.
Collector’s statement to Authority.
66.
Service of notice by Authority.
67.
Restriction on scope of proceedings.
68.
Proceedings to be in public.
69.
Determination of award by Authority.
70.
Form of award.
71.
Costs.
72.
Collector may be directed to pay interest on excess compensation.
73.
Re-determination of the amount of compensation on the basis of the
award of the Authority.
74.
Appeal to High Court.
CHAPTER IX
APPORTIONMENT OF COMPENSATION
75.
Particulars of apportionment to be specified.
76.
Dispute as to apportionment.
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CHAPTER X
PAYMENT
77.
Payment of compensation or deposit of same in Authority.
78.
Investment of money deposited in respect of lands belonging to
person incompetent to alienate.
79.
Investment of money deposited in other cases.
80.
Payment of interest.
CHAPTER XI
TEMPORARY OCCUPATION OF LAND
81.
Temporary occupation of waste or arable land, procedure when
difference as to compensation exists.
82.
Power to enter and take possession and compensation on restoration.
83.
Difference as to condition of land.
CHAPTER XII
OFFENCES AND PENALTIES
84.
Punishment for false information, mala fide action, etc.
85.
Penalty for contravention of provisions of Act.
86.
Offences by companies.
87.
Offences by Government departments.
88.
Cognizance of offences by court.
89.
Offences to be non-cognizable.
90.
Offences to be cognizable only on complaint filed by certain persons.
CHAPTER XIII
MISCELLANEOUS
91.
Magistrate to enforce surrender.
92.
Service of notice.
93.
Completion of acquisition not compulsory, but compensation to be
awarded when not completed.
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94.
Acquisition of part of house or building.
95.
Acquisition of land at cost of a local authority or requiring Body.
96.
Exemption from income-tax, stamp duty and fees.
97.
Acceptance of certified copy as evidence.
98.
Notice in case of suits for anything done in pursuance of Act.
99.
No change of purpose to be allowed.
100.
No change of ownership without permission to be allowed.
101.
Return of unutilised land.
102.
Difference in price of land when transferred for higher consideration to
be shared.
103.
Provisions to be in addition to existing laws.
104.
Option of appropriate government to lease.
105.
Provisions of this Act not to apply in certain cases or to apply with
certain modifications.
106.
Power to amend Schedule.
107.
Power of State Legislatures to enact any law more beneficial to
affected families.
108.
Option to affected families to avail better compensation and
rehabilitation and resettlement.
109.
Power of appropriate government to make rules.
110.
Rules made by Central Government to be laid before Parliament.
111.
Rules made by State Government to be laid before State Legislature.
112.
Previous publication of rules made by Central and State Government.
113.
Power to remove difficulties.
114.
Repeal and saving.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.
THE FOURTH SCHEDULE.
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THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY
IN LAND ACQUISITION, REHABILITATION AND
RESETTLEMENT ACT, 2013
(ACT NO. 30 OF 2013)
AN
ACT
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:—
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement.—(1) This Act may be called
the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013.
8
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may,
by notification in the Official Gazette, appoint :
Provided that the Central Government shall appoint such date within three
months from the date on which the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2013
receives the assent of the President.
2. Application of Act.—(1) The provisions of this Act relating to land
acquisition, compensation, rehabilitation and resettlement, shall apply, when the
appropriate Government acquires land for its own use, hold and control,
including for Public Sector Undertakings and for public purpose, and shall
include the following purposes, namely:—
(a) for strategic purposes relating to naval, military, air force,
and armed forces of the Union, including central paramilitary forces or
any work vital to national security or defence of India or State police,
safety of the people; or
(b) for infrastructure projects, which includes the following,
namely:—
(i) all activities or items listed in the notification of the
Government of India in the Department of Economic Affairs
(Infrastructure Section) number 13/6/2009-INF, dated the 27th
March, 2012, excluding private hospitals, private educational
institutions and private hotels;
(ii)
projects involving agro-processing, supply of
inputs to agriculture, warehousing, cold storage facilities,
marketing infrastructure for agriculture and allied activities such
as dairy, fisheries, and meat processing, set up or owned by the
appropriate Government of by a farmers’ co-operative or by an
institution set up under a statute;
9
(iii)
project for industrial corridors or mining
activities, national investment and manufacturing zones, as
designated in the National Manufacturing Policy ;
(iv)
project
for
water
harvesting
and
water
conservation structures, sanitation ;
(v)
project for Government administered, Government
aided educational and research schemes or institutions ;
(vi)
project
for
sports,
health
care,
tourism,
transportation or space programme ;
(vii)
any infrastructure facility as may be notified in
this regard by the Central Government and after tabling of such
notification in Parliament ;
(c) project for project affected families ;
(d) project for housing for such income groups, as may be
specified from time to time by the appropriate Government ;
(e) project for planned development or the improvement of
village sites or any site in the urban areas or provision of land for
residential purposes for the weaker sections in rural and urban areas ;
(f) project for residential purposes to the poor or landless or
to persons residing in areas affected by natural calamities, or to
persons displaced or affected by reason or the implementation of any
scheme undertaken by the Government, any local authority or a
corporation owned or controlled by the State.
(2) The provisions of this Act relating to land acquisition, consent,
compensation, rehabilitation and resettlement, shall also apply, when the
appropriate Government acquires land for the following purposes, namely:—
(a) for public private partnership projects, where the ownership
of the land continues to vest with the Government, for public purpose
as defined in sub-section (1) ;
(b) for private companies for public purpose, as defined in
sub-section (1):
10
Provided that in the case of acquisition for—
(i) private companies, the prior consent of at least eighty per
cent. of those affected families, as defined in sub-clauses (i) and (v) of
clause (c) of section 3; and
(ii) public private partnership projects, the prior consent of at
least seventy per cent. of those affected families, as defined in
sub clauses (i) and (v) of clause (c) of section 3,
shall be obtained through a process as may be prescribed
by the appropriate Government:
Provided further that the process of obtaining the consent shall be carried
out along with the Social Impact Assessment study referred to in section 4 :
Provided also that no land shall be transferred by way of acquisition, in the
Scheduled Areas in contravention of any law (including any order or judgment
of a court which has become final) relating to land transfer, prevailing in such
Scheduled Areas.
(3) The provisions relating to rehabilitation and resettlement under this
Act shall apply in the cases where,—
(a) a private company purchases land, equal to or more than such
limits in
rural areas or urban areas, as may be prescribed by
the appropriate Government, through private negotiations with the
owner of the land in accordance with the provisions of section 46;
(b) a private company requests the appropriate Government for
acquisition of a part of an area so prescribed for a public purpose:
Provided that where a private company requests the appropriate
Government for partial acquisition of land for public purpose, then, the
rehabilitation and resettlement entitlements under the Second Schedule shall be
applicable for the entire area which includes the land purchased by the private
company and acquired by the Government for the project as a whole.
3. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Administrator” means an officer appointed for the purpos
of rehabilitation and resettlement of affected families under sub-section (1)
of secion 43;
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(b) “affected area” means such area as may be notified by the
appropriate Government for the purposes of land acquisition;
(c) “affected family” includes—
(i)
a family whose land or other immovable property has been acquired;
(ii)
a family which does not own any land but a member or
members of such family may be agricultural labourers,
tenants including any form of tenancy or holding of
usufruct right, share croppers or artisans or who may be
working in the affected area for three years prior to the
acquisition of the land, whose primary source of livelihood
stand affected by the acquisition of land;
(iii)
the Scheduled Tribes and other traditional forest dwellers
who have lost any of their forest rights recognised under
the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 (2 of 2007) due to
acquisition of land;
(iv)
family whose primary source of livelihood for three years
prior to the acquisition of the land is dependent on forests
or water bodies and includes gatherers of forest produce,
hunters; fisher folk and boatmen and such livelihood is
affected due to acquisition of land;
(v)
a member of the family who has been assigned land by the
State Government or the Central Government under any of
its schemes and such land is under acquisition;
(vi)
a family residing on any land in the urban areas for
preceding three years or more prior to the acquisition of
the land or whose primary source of livelihood for three
years prior to the acquisition of the land is affected by the
acquisition of such land;
(d) “agricultural land” means land used for the purpose of—
(i)
agriculture or horticulture;
(ii) dairy
farming,
poultry
farming,
pisciculture,
sericulture, seed farming breeding of livestock or nursery growing
medicinal herbs;
(iii) raising of crops, trees, grass or garden produce; and
(iv) land used for the grazing of cattle;
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(e) “appropriate Government” means,—
(i)
in relation to acquisition of land situated within the territory
of, a State, the State Government;
(ii) in relation to acquisition of land situated within a Union
territory (except Puducherry), the Central Government;
(iii) in relation to acquisition of land situated within the Union
territory of Puducherry, the Government of Union territory
of Puducherry;
(iv) in relation to acquisition of land for public purpose in more
than one State, the Central Government, in consultation with
the concerned State Governments or Union territories; and
(v)
in relation to the acquisition of land for the purpose of
the Union as may be specified by notification, the Central
Government:
Provided that in respect of a public purpose in a District for an area not
exceeding such as may be notified by the appropriate Government, the
Collector of such District shall be deemed to be the appropriate Government;
(f) “Authority” means the Land Acquisition and Rehabilitation and
Resettlement Authority established under section 51;
(g) “Collector” means the Collector of a revenue district, and includes a
Deputy Commissioner and any officer specially designated by the
appropriate Government to perform the functions of a Collector under this Act;
(h) “Commissioner” means the Commissioner for Rehabilitation and
Resettlement appointed under sub-section (1) of section 44;
(i) “cost of acquisition” includes—
(i) amount of compensation which includes solatium, any
enhanced compensation ordered by the Land Acquisition and
Rehabilitation and Resettlement Authority or the Court and interest
payable thereon and any other amount determined as payable to the
affected families by such Authority or Court;
(ii)
demurrage to be paid for damages caused to the land and
standing crops in the process of acquisition;
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(iii)
cost of acquisition of land and building for settlement of
displaced or adversely affected families;
(iv) cost of development of infrastructure and amenities at the
resettlement areas;
(v)
cost of rehabilitation and resettlement as determined in
accordance with the provisions of this Act;
(vi) administrative cost,—
(A) for acquisition of land, including both in the project site
and out of project area lands, not exceeding such percentage of the
cost of compensation as may be specified by the appropriate
Government;
(B) for rehabilitation and resettlement of the owners of the
land and other affected families whose land has been acquired or
proposed to be acquired or other families affected by such
acquisition;
(vii) cost of undertaking ‘Social Impact Assessment study’;
(j) “company” means—
(i) a company as defined in section 3 of the Companies Act,
1956 (1 of 1956), other than a Government company;
(ii) a society registered under the Societies Registration Act, l860
(21 of 1860) or under any corresponding law for the time being in force
in a State;
(k) “displaced family” means any family, who on account of
acquisition of land has to be relocated and resettled from the
affected area to the resettlement area;
(l) “entitled to act”, in relation to a person, shall be deemed to
include the following persons, namely:—
(i)
trustees for other persons beneficially interested with
reference to any such case, and that to the same extent as
the person beneficially interested could have acted if free
from disability;
14
(ii) the guardians of minors and the committees or managers
of lunatics to the same extent as the minors, lunatics or other persons of
unsound mind themselves, if free from disability, could have acted:
Provided that the provisions of Order XXXII of the First Schedule to the
Code of Civil Procedure, 1908 (5 of 1908) shall, mutatis mutandis, apply in the
case of persons interested appearing before a Collector or Authority by a next
friend, or by a guardian for the case, in proceedings under this Act;
(m) “family” includes a person, his or her spouse, minor children, minor
brothers and minor sisters dependent on him:
Provided that widows, divorcees and women deserted by families shall be
considered separate families;
Explanation.—An adult of either gender with, or without spouse or
children or dependents shall be considered as a separate family for the purposes
of this Act.
(n) “holding of land” means the total land held by a person as an owner,
occupant or tenant or otherwise;
(o) “infrastructure project” shall include any one or more of the items
specified in clause (b) of sub-section (1) of section 2;
(p) “land” includes benefits to arise out of land, and things attached to the
earth or permanently fastened to anything attached to the earth;
(q) “landless” means such persons or class of persons who may be,—
(i) considered or specified as such under any State law for the time
being in force; or
(ii) in a case of landless not being specified under sub-clause (i), as
may be specified by the appropriate Government;
(r) “land owner” includes any person,—
(i) whose name is recorded as the owner of the land or building or
part thereof, in the records of the authority concerned; or
(ii) any person who is granted forest rights under the Scheduled
Tribs and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2006 (2 of 2007) or under any other law for the time being in force; or
15
(iii) who is entitled to be granted Patta rights on the land
under any law of the State including assigned lands; or
(iv) any person who has been declared as such by an order of
the court or Authority;
(s) “local authority” includes a town planning authority (by whatever name
called) set up under any law for the time being in force, a Panchayat as defined
in article 243 and a Municipality as defined in article 243P, of the Constitution;
(t) “marginal farmer” means a cultivator with an un-irrigated land holding
up to one hectare or irrigated land holding up to one-half hectare;
(u) “market value” means the value of land determined in accordance with
section 26;
(v) “notification” means a notification published in the Gazette of India or,
as the case may be, the Gazette of a State and the expression “notify” shall be
construed accordingly;
(w) “patta” shall have the same meaning as assigned to it in the relevant
Central or State Acts or rules or regulations made thereunder;
(x) “person interested” means—
(i) all persons claiming an interest in compensation to be made on
account of the acquisition of land under this Act;
(ii) the Scheduled Tribes and other traditional forest dwellers, who have
lost any forest rights recognised under the Scheduled Tribes and
Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2006 (2 of 2007);
(iii) a person interested in an easement affecting the land;
(iv) persons having tenancy rights under the relevent State laws
including share-croppers by whatever name they may be called; and
(v) any person whose primary source of livelihood is likely to be
adversely affected;
(y) “prescribed” means prescribed by rules made under this Act;
(z) “project” means a project for which land is being acquired, irrespective
of the number of persons affected;
16
(za) “public purpose” means the activities specified under sub-section (1)
of section 2;
(zb) “Requiring Body” means a company, a body corporate, an
institution, or any other organisation or person for whom land is to be
acquired by the appropriate Government, and includes the appropriate
Government, if the acquisition of land is for such Government either for its
own use or for subsequent transfer of such land is for public purpose to a
company, body corporate, an institution, or any other organisation, as the
case may be, under lease, licence or through any other mode of transfer of
land;
(zc) “Resettlement Area” means an area where the affected families who
have been displaced as a result of land acquisition are resettled by the
appropriate Government;
(zd) “Scheduled Areas” means the Scheduled Areas as defined in section
2 of the Provisions of the Panchayats (Extension to the Scheduled Areas)
Act, 1996 40 of 1996);
(ze) “small farmer” means a cultivator with an un-irrigated land holding
up to two hectares or with an irrigated land holding up to one hectare, but
more than the holding of a marginal farmer.
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.— (1) Whenever the
appropriate Government intends to acquire land for a public purpose, it shall
consult the concerned Panchayat, Municipality or Municipal Corporation, as the
case may be, at village level or ward level, in the affected area and carry out a
Social Impact Assessment study in consultation with them, in such manner and
from such date as may be specified by such Government by notification.
(2) The notification issued by the appropriate Government for
commencement of consultation and of the Social Impact Assessment study under
sub-section (l) shall be made available in the local language to the Panchayat,
Municipality or Municipal Corporation, as the case may be, and in the offices of
the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be
published in the affected areas, in such manner as may be prescribed, and
uploaded on the website of the appropriate Government:
17
G. 25/2014/DTP (30).
Provided that the appropriate Government shall ensure that adequate
representation has been given to the representatives of Panchayat, Gram Sabha,
Municipality or Municipal Corporation, as the case may be, at the stage of
carrying out the Social Impact Assessment study:
Provided further that the appropriate Government shall ensure the
completion of the Social Impact Assessment study within a period of six months
from the date of its commencement.
(3) The Social Impact Assessment study report referred to in sub-section
(l) shall be made available to the public in the manner prescribed under
section 6.
(4) The Social Impact Assessment study referred to in sub-section (1)
shall, amongst other matters, include all the following, namely:-
(a)assessment as to whether the proposed acquisition serves public
purpose;
(b)estimation of affected families and the number of families among
them likely to be displaced;
(c) extent of lands, public and private, houses, settlements and other
common properties likely to be affected by the proposed acquisition;
(d)whether the extent of land proposed for acquisition is the
absolute bare-minimum extent needed for the project; .
(e) whether land acquisition at an alternate place has been considered
and found not feasible;
(f) study of social impacts of the project, and the nature and cost of
addressing them and the impact of these costs on the overall costs of the
project vis-a-vis the benefits of the project:
Provided that Environmental Impact Assessment study, if any, shall be
carried out simultaneously and shall not be contingent upon the completion of
the Social Impact Assessment study.
(5) While undertaking a Social Impact Assessment study under sub-section
(1), the appropriate Government shall, amongst other things, take into
consideration the impact that the project is likely to have on various components
such as livelihood of affected families, public and community properties, assets
and infrastructure particularly roads, public transport, drainage, sanitation,
18
sources of drinking water, sources of water for cattle, community ponds, grazing
land, plantations, public utilities such as post offices, fair price shops, food
storage godowns, electricity supply, health care facilities, schools and
educational or training facilities, anganwadis, children parks, places of worship,
land for traditional tribal institutions and burial and cremation grounds.
(6) The appropriate Government shall require the authority conducting the
Social Impact Assessment study to prepare a Social Impact Management Plan,
listing the ameliorative measures required to be undertaken for addressing the
impact for a specific component referred to in sub-section (5), and such
measures shall not be less than what is provided under a scheme or programme,
in operation in that area, of the Central Government or, as the case may be, the
State Government, in operation in the affected area.
5. Public hearing for social Impact Assessment.—Whenever a Social
Impact Assessment is required to be prepared under section 4, the appropriate
Government shall ensure that a public hearing is held at the affected area, after
giving adequate publicity about the date, time and venue for the public hearing,
to ascertain the views of the affected families to be recorded and included in the
Social Impact Assessment Report.
6. Publication of Social Impact Assessment study.— (1) The appropriate
Government shall ensure that the Social Impact Assessment study report and the
Social Impact Management Plan referred to in sub-section (6) of section 4 are
prepared and made available in the local language to the Panchayat, Municipality
or Municipal Corporation, as the case may be, and the offices of the District
Collector, the Sub-Divisional magistrate and the Tehsil, and shall be published in
the affected areas, in such manner as may be prescribed, and uploaded on the
website of the appropriate Government.
(2) Wherever Environment Impact Assessment is carried out, a copy of
the Social Impact Assessment report shall be made available to the Impact
Assessment Agency authorised by the Central Government to carry out
environmental impact assessment:
Provided that, in respect of irrigation projects where the process of
Environment Impact Assessment is required under the provisions of any other
law for the time being in force, the provisions of this Act relating to Social
Impact Assessment shall not apply.
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B.—Appraisal of Social Impact Assessment Report By An Expert Group
7. Appraisal of Social Impact Assessment report by an Expert Group.—(1)
The appropriate Government shall ensure that the Social Impact Assessment
report is evaluated by an independent multi-disciplinary Expert Group, as may be
constituted by it.
(2) The Expert Group constituted under sub-section (1) shall include the
following, namely:—
(a)
two non-official social scientists;
(b)
two representatives of Panchayat, Gram Sabha, Municipality or
Municipal Corporation, as the case may be;
(c)
two experts on rehabilitation; and
(d)
a technical expert in the subject relating to the project.
(3) The appropriate Government may nominate a person from amongst the
members of the Expert Group as the Chairperson of the Group.
(4) If the Expert Group constituted under sub-section (1), is of the
opinion that,—
(a) the project does not serve any public purpose; or
(b) the social costs and adverse social impacts of the project
outweigh the potential benefits,
it shall make a recommendation within two months from the date of its
constitution to the effect that the project shall be abandoned forthwith and no
further steps to acquire the land will be initiated in respect of the same:
Provided that the grounds for such recommendation shall be recorded in
writing by the Expert Group giving the details and reasons for such decision:
Provided further that where the appropriate Government, inspite of such
recommendations, proceeds with the acquisition, then, it shall ensure that its
reasons for doing so are recorded in writing.
(5) If the Expert Group constituted under sub-section (1), is of the opinion
that,—
(a)
the project will serve any public purpose; and
(b)
the potential benefits outweigh the social costs and adverse
social impacts,
20
it shall make specific recommendations within two months from the date of its
constitution whether the extent of land proposed to be acquired is the absolute
bare-minimum extent needed for the project and whether there are no other less
displacing options available:
Provided that the grounds for such recommendation shall be recorded in
writing by the Expert Group giving the details and reasons for such decision.
(6) The recommendations of the Expert Group referred to in sub-
sections (4) and (5) shall be made available in the local language to the
Panchayat, Municipality or Municipal Corporation, as the case may be, and the
offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and
shall be published in the affected areas, in such manner as may be prescribed
and uploaded on the website of the appropriate Government.5
8. Examination of proposals for land acquisition and Social Impact
Assessment report by appropriate Government.—(1) The appropriate Government
shall ensure that—
(a)
there is a legitimate and bonafide public purpose for the
proposed acquisition which necessitates the acquisition of the land
identified;
(b)
the potential benefits and the public purpose referred to in
clause (a) shall outweigh the social costs and adverse social impact as
determined by the Social Impact Assessment that has been carried out;
(c)
only the minimum area of land required for the project is
proposed to be acquired;
(d) there is no unutilised land which has been previously
acquired in the area;
(e) the land, if any, acquired earlier and remained unutilised, is
used for such public purpose and make recommendations in respect
thereof.
(2) The appropriate Government shall examine the report of the Collector if
any and the report of the Expert Group on the Social Impact Assessment study
and after considering all the reports, recommend such area for acquisition which
would ensure minimum displacement of people, minimum disturbance to the
infrastructure, ecology and minimum adverse impact on the individuals affected.
(3) The decision of the appropriate Government shall be made available in
the local language to the Panchayat, Municipality or Municipal Corporation, as
the case may be, and the offices of the District Collector, the Sub-Divisional
21
Magistrate and the Tehsil, and shall be published in the affected areas, in such
manner as may be prescribed, and uploaded on the website of the appropriate
Government:
Provided that where land is sought to be acquired for the purposes as
specified in sub-section (2) of section 2, the appropriate Government shall also
ascertain as to whether the prior consent of the affected families as required
under the proviso to sub-section (2) of section 2, has been obtained in the
manner as may be prescribed.
9. Exemption from Social Impact Assessment.— Where land is proposed to
be acquired invoking the urgency provisions under section 40, the appropriate
Government may exempt undertaking of the Social Impact Assessment study.
CHAPTER III
SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY
10. Special provision to Safeguard food Security.—(1) Save as otherwise
provided in sub-section (2), no irrigated multi-cropped land shall be acquired
under this Act.
(2) Such land may be acquired subject to the condition that it is being
done under exceptional circumstances, as a demonstrable last resort, where the
acquisition of the land referred to in sub-section (1) shall, in aggregate for all
projects in a district or State, in no case exceed such limits as may be notified
by the appropriate Government considering the relevant State specific factors
and circumstances.
(3) Whenever multi-crop irrigated land is acquired under sub-section (2),
an equivalent area of culturable wasteland shall be developed for agricultural
purposes or an amount equivalent to the value of the land acquired shall be
deposited with the appropriate Government for investment in agriculture for
enhancing food-security.
(4) In a case not falling under sub-section (1), the acquisition of the
agricultural land in aggregate for all projects in a district or State, shall in no
case exceed such limits of the total net sown area of that district or State, as
may be notified by the appropriate Government:
Provided that the provisions of this section shall not apply in the case of
projects that are linear in nature such as those relating to railways, highways,
major district roads, irrigation canals, power lines and the like.
22
CHAPTER IV
NOTIFICATION AND ACQUISITION
11. Publication of preliminary notification and power of officers
thereupon.—(1) Whenever, it appears to the appropriate Government that land in
any area is required or likely to be required for any public purpose, a
notification (hereinafter referred to as preliminary notification) to that effect along
with details of the land to be acquired in rural and urban areas shall be published
in the following manner, namely:—
(a)
in the Official Gazette;
(b)
in two daily newspapers circulating in the locality of such area of
which one shall be in the regional language;
(c)
in the local language in the Panchayat, Municipality or Municipal
Corporation, as the case may be and in the offices of the District
Collector, the Sub-divisional Magistrate and the Tehsil;
(d)
uploaded on the website of the appropriate Government;
(e)
in the affected areas, in such manner as may be prescribed.
(2) Immediately after issuance of the notification under sub-section (1), the
concerned Gram Sabha or Sabhas at the village level, municipalities in case of
municipal areas and the Autonomous Councils in case of the areas referred to in
the Sixth Schedule to the Constitution, shall be informed of the contents of the
notification issued under the said sub-section in all cases of land acquisition at
a meeting called especially for this purpose.
(3) The notification issued under sub-section (1) shall also contain a
statement on the nature of the public purpose involved, reasons necessitating
the displacement of affected persons, summary of the Social Impact Assessment
Report and particulars of the Administrator appointed for the purposes of
rehabilitation and resettlement under section 43.
(4) No person shall make any transaction or cause any transaction of land
specified in the preliminary notification or create any encumbrances on such
land from the date of publication of such notification till such time as the
proceedings under this Chapter are completed:
Provided that the Collector may, on the application made by the owner of
the land so notified, exempt in special circumstances to be recorded in writing,
such owner from the operation of this sub-section:
23
Provided further that any loss or injury suffered by any person due to his
wilful violation of this provision shall not be made up by the Collector.
(5) After issuance of notice under sub-section (1), the Collector shall,
before the issue of a declaration under section 19, undertake and complete the
exercise of updating of land records as prescribed within a period of two
months.
12. Preliminary survey of land and power of officers to carry out survey.—
For the purposes of enabling the appropriate Government to determine the extent
of land to be acquired, it shall be lawful for any officer, either generally or
specially authorised by such Government in this behalf, and for his servants
and workmen,—
(a) to enter upon and survey and take levels of any land in
such locality;
(b) to dig or bore into the sub-soil;
(c) to do all other acts necessary to ascertain whether the land is
adapted for such purpose;
(d) to set out the boundaries of the land proposed to be taken and
the intended line of the work (if any) proposed to be made thereon; and
(e) to mark such levels, boundaries and line by placing marks and
cutting trenches and where otherwise the survey cannot be completed
and the levels taken and the boundaries and line marked, to cut down
and clear away any part of any standing crop, fence or jungle:
Provided that no act under clauses (a) to (e) in respect of land shall be
conducted in the absence of the owner of the land or in the absence of any
person authorised in writing by the owner:
Provided further that the acts specified under the first proviso may be
undertaken in the absence of the owner, if the owner has been afforded a
reasonable opportunity to be present during the survey, by giving a notice of
at least sixty days prior to such survey:
Provided also that no person shall enter into any building or upon any
enclosed court or garden attached to a dwelling-house (unless with the consent
of the occupier thereof) without previously giving such occupier at least seven
days’ notice in writing of his intention to do so.
24
13. Payment for damage.—The officer so authorised under section 12 shall
at the time of entry under section 12 pay or tender payment for any damage
caused, and, in case of dispute as to the sufficiency of the amount so paid or
tendered, he shall at once refer the dispute to the decision of the Collector or
other chief revenue officer of the district, and such decision shall be final.
14. Lapse of Social Impact Assessment report.—Where a preliminary
notification under section 11 is not issued within twelve months from the date
of appraisal of the Social Impact Assessment report submitted by the Expert
Group under section 7, then, such report shall be deemed to have lapsed and a
fresh Social Impact Assessment shall be required to be undertaken prior to
acquisition proceedings under section 11:
Provided that the appropriate Government, shall have the power to extend
the period of twelve months, if in its opinion circumstances exist justifying the
same:
Provided further that any such decision to extend the period shall be
recorded in writing and the same shall be notified and be uploaded on the
website of the authority concerned.
15. Hearing of objections.—(1) Any person interested in any land which has
been notified under sub-section (1) of section 11, as being required or likely to
be required for a public purpose, may within sixty days from the date of the
publication of the preliminary notification, object to—
(a) the area and suitability of land proposed to be acquired;
(b) justification offered for public purpose;
(c) the findings of the Social Impact Assessment report.
(2) Every objection under sub-section (1) shall be made to the Collector
in writing, and the Collector shall give the objector an opportunity of being
heard in person or by any person authorised by him in this behalf or by an
Advocate and shall, after hearing all such objections and after making such
further inquiry, if any, as he thinks necessary, either make a report in respect of
the land which has been notified under sub-section (1) of section 11, or make
different reports in respect of different parcels of such land, to the appropriate
Government, containing his recommendations on the objections, together with
the record of the proceedings held by him along with a separate report giving
therein the approximate cost of land acquisition, particulars as to the number
of affected families likely to be resettled, for the decision of that Government.
25
G. 25/2014/DTP (30).
(3)
The decision of the appropriate Government on the objections made
under sub-section (2) shall be final.
16. Preparation of Rehabilitation and Resettlement Scheme by the
Administrator.—(1) Upon the publication of the preliminary notification under
sub-section (1) of section 11 by the Collector, the Administrator for
Rehabilitation and Resettlement shall conduct a survey and undertake a census
of the affected families, in such manner and within such time as may be
prescribed, which shall include—
(a) particulars of lands and immovable properties being acquired of
each affected family;
(b) livelihoods lost in respect of land losers and landless whose
livelihoods are primarily dependent on the lands being acquired;
(c) a list of public utilities and Government buildings which are
affected or likely to be affected. where resettlement of affected families is
involved; and
(d) details of the amenities and infrastructural facilities which are
affected or likely to be affected where resettlement of affected families is
involved; and
(e) details of any common property resources being acquired.
(2)
The Administrator shall, based on the survey and census under
sub-section (1), prepare a draft Rehabilitation and Resettlement Scheme, as
prescribed which shall include particulars of the rehabilitation and resettlement
entitlements of each land owner and landless whose livelihoods are primarily
dependent on the lands being acquired and where resettlement of affected
families is involved—
(i) a list of Government buildings to be provided in the
Resettlement Area;
(ii) details of the public amenities and infrastructural facilities which
are to be provided in the Resettlement Area.
(3) The draft Rehabilitation and Resettlement scheme referred to in
sub-section (2) shall include time limit for implementing Rehabilitation and
Resettlement Scheme;
(4) The draft Rehabilitation and Resettlement scheme referred to in
sub-section (2) shall be made known locally by wide publicity in the affected
area and discussed in the concerned Gram Sabhas or Municipalities.
26
(5) A public hearing shall be conducted in such manner as may be
prescribed, after giving adequate publicity about the date, time and venue for the
public hearing at the affected area:
Provided that in case where an affected area involves more than one Gram
Panchayat or Municipality, public hearings shall be conducted in every Gram
Sabha and Municipality where more than twenty-five percent of land belonging
to that Gram Sabha or Municipality is being acquired:
Provided further that the consultation with the Gram Sabha in Scheduled
Areas shall be in accordance with the provisions of the Provisions of the
Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996).
(6) The Administrator shall, on completion of public hearing submit the
draft Scheme for Rehabilitation and Resettlement along with a specific report on
the claims and objections raised in the public hearing to the Collector.
17. Review of the Rehabilitation and Resettlement Scheme. (1) The
Collector shall review the draft Scheme submitted under sub-section (6) of
section 16 by the Administrator with the Rehabilitation and Resettlement
Committee at the project level constituted under section 45; .
(2) The Collector shall submit the draft Rehabilitation and Resettlement
Scheme with his suggestions to the Commissioner Rehabilitation and
Resettlement for approval of the Scheme.
18. Approved Rehabilitation and Resettlement Scheme to be made
public.— The Commissioner shall cause the approved Rehabilitation and
Resettlement Scheme to be made available in the local language to the
Panchayat, Municipality or Municipal Corporation, as the case may be, and the
Offices of The District Collector, The Sub-Divisional Magistrate and The Tehsil,
and shall be published in the affected areas, in such manner as may be
prescribed, and uploaded on the website of the appropriate Government.
19. Publication of declaration and summary of Rehabilitation and
Resettlement.— (1) When the appropriate Government is satisfied, after
considering the report, if any, made under Sub-section (2) of section 15, that
any particular land is needed for a public purpose, a declaration shall be made
to that effect, along with a declaration of an area identified as the “resettlement
area” for the purposes of rehabilitation and resettlement of the affected families,
under the hand and seal of a Secretary to such Government or of any other
officer duly authorised to certify its orders and different declarations may be
made from time to time in respect of different parcels of any land covered by the
same preliminary notification irrespective of whether one report or different
reports has or have been made (wherever required).
27
(2) The Collector shall publish a summary of the Rehabilitation and
Resettlement Scheme along with declaration referred to in sub-section (1) :
Provided that no declaration under this sub-section shall be made unless
the summary of the Rehabilitation and Resettlement Scheme is published along
with such declaration:
Provided further that no declaration under this sub-section shall be made
unless the Requiring Body deposits an amount, in full or part, as may be
prescribed by the appropriate Government toward the cost of acquisition of the
land:
Provided also that the Requiring Body shall deposit the amount promptly
so as to enable the appropriate Government to publish the declaration within a
period of twelve months from the date of the publication of preliminary
notification under section 11.
(3) In projects where land is acquired in stages, the application for
acquisition itself can specify different stages for the rehabilitation and
resettlement, and all declarations shall be made according to the stages so
specified.
(4) Every declaration referred to in sub-section (1) shall be published in
the following manner, namely:—
(a) in the Official Gazette;
(b) in two daily newspapers being circulated in the locality, of such
area of which one shall be in the regional language;
(c) in the local language in the Panchayat, Municipality or Municipal
Corporation, as the case may be, and in the offices of the District
Collector, the Sub-Divisional Magistrate and the Tehsil;
(d) uploaded on the website of the appropriate Government;
(e) in the affected areas, in such manner as may be prescribed.
(5)
Every declaration referred to in sub-section (1) shall indicate,—
(a) the district or other territorial division in which the land is
situated;
(b) the purpose for which it is needed, its approximate area; and
(c) where a plan shall have been made for the land, the place at
which such plan may be inspected without any cost.
(6)
The declaration referred to in sub-section (I) shall be conclusive
evidence that the land is required for a public purpose and, after making such
declaration, the appropriate Government may acquire the land in such manner as
specified under this Act.
28
(7)
Where no declaration is made under sub-section (1) within twelve
months from the date of preliminary notification, then such notification shall be
deemed to have been rescinded:
Provided that in computing the period referred to in this sub-section, any
period or periods during which the proceedings for the acquisition of the land
were held up on account of any stay or injunction by the order of any Court
shall be excluded:
Provided further that the appropriate Government shall have the power to
extend the period of twelve months, if in its opinion circumstances exist
justifying the same:
Provided also that any such decision to extend the period shall be
recorded in writing and the same shall be notified and be uploaded on the
website of the authority concerned.
20. Land to be marked out, measured and planned including marking of
specific areas. The Collector shall thereupon cause the land, unless it has been
already marked out under section 12, to be marked out and measured, and if no
plan has been made thereof, a plan to be made of the same.
21. Notice to persons interested. —(1) The Collector shall publish the
public notice on his website and cause public notice to be given at convenient
places on or near the land to be taken, stating that the Government intends to
take possession of the land, and that claims to compensations and rehabilitation
and resettlement for all interests in such land may be made to him.
(2) The public notice referred to in sub-section (1) shall state the
particulars of the land so needed, and require all persons interested in the land
to appear personally or by agent or advocate before the Collector at a time and
place mentioned in the public notice not being less than thirty days and not
more than six months after the date of publication of the notice, and to state the
nature of their respective interests in the land and the amount and particulars
of their claims to compensation for such interests, their claims to rehabilitation
and resettlement along with their objections, if any, to the measurements made
under section 20.
(3) The Collector may in any case require such statement referred to in
sub-section (2) to be made in writing and signed by the party or his agent.
29
(4) The Collector shall also serve notice to the same effect on the
occupier, if any, of such land and on all such persons known or believed to be
interested therein, be entitled to act for persons so interested, as reside or have
agents authorised to receive service on their behalf, within the revenue district in
which the land is situated.
(5) In case any person so interested resides elsewhere, and has no
such agent, the Collector shall ensure that the notice shall be sent to him by
post in letter addressed to him at his last known residence, address of place or
business and also publish the same in at least two national daily newspapers
and also on his website.
22. Power to require and enforce the making of statements as to names
and interests.— (1) The Collector may also require any such person to make or
deliver to him, at a time and place mentioned (such time not being less than
thirty days after the date of the requisition), a statement containing, so far as
may be practicable, the name of every other person possessing any interest in
the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or
otherwise, and of the nature of such interest, and of the rents and profits, if any,
received or receivable on account thereof for three years next preceding the date
of the statement.
(2) Every person required to make or deliver a statement under this
section shall be deemed to be legally bound to do so within the meaning of
sections 175 and 176 of the Indian Penal Code (45 of 1860).
23. Enquiry and land acquistion award by Collector.— On the day so
fixed, or on any other day to which the enquiry has been adjourned, the
Collector shall proceed to enquire into the objections (if any) which any person
interested has stated pursuant to a notice given under section 21, to the
measurements, made under section 20, and into the value of the land at the date
of the publication of the notification, and into the respective interests of the
persons claiming the compensation and rehabilitation and resettlement, shall
make an award under his hand of-—
(a) the true area of the land;
(b) the compensation as determined under section 27 along with
Rehabilitation and Resettlement Award as determined under
section 31 and which in his opinion should be allowed for the land; and
30
(c)
the apportionment of the said compensation among all the
persons known or believed to be interested in the land, or whom, or of
whose claims, he has information, whether or not they have respectively
appeared before him.
24. Land acquisition process under Act No. I of 1894 shall be deemed
to have lapsed in certain cases.— (1) Notwithstanding anything contained in
this Act, in any case of land acquisition proceedings initiated under the Land
Acquisition Act, 1894,—
(a)
where no award under section 11 of the said Land Acquisition
Act has been made, then, all provisions of this Act relating to the
determination of compensation shall apply; or
(b)
where an award under said section 11 has been made, then
such proceedings shall continue under the provisions of the said Land
Acquisition Act, as if the said Act has not been repealed.
(2) Notwithstanding anything contained in sub-section (1), in case of
land acquisition proceedings initiated under the Land Acquisition Act, 1894,
where an award under the said section 11 has been made five years or more
prior to the commencement of this Act but the physical possession of the land
has not been taken or the compensation has not been paid the said proceedings
shall be deemed to have lapsed and the appropriate Government, if it so
chooses, shall initiate the proceedings of such land acquisition afresh in
accordance with the provisions of this Act :
Provided that where an award has been made and compensation in
respect of a majority of land holdings has not been deposited in the account of
the beneficiaries, then, all beneficiaries specified in the notification for
acquisition under section 4 of the said Land Acquisition Act, shall be entitled to
compensation in accordance with the provisions of this Act.
25. Period within which an award shall be made. The Collector shall
make an award within a period of twelve months from the date of publication of
the declaration under section 19 and if no award is made within that period, the
entire proceedings for the acquisition of the land shall lapse:
Provided that the appropriate Government shall have the power to
extend the period of twelve months if in its opinion, circumstances exist
justifying the same :
31
Provided further that any such decision to extend the period shall be
recorded in writing and the same shall be notified and be uploaded on the
website of the authority concerned.
26. Determination of market value of land by Collector.— (1) The
Collector shall adopt the following criteria in assessing and determining the
market value of the land, namely:—
(a) the market value, if any, specified in the Indian Stamp Act, 1899
(2 of 1899) for the registration of sale deeds or agreements to sell,
as the case may be, in the area, where the land is situated; or
(b) the average sale price for similar type of land situated in the
nearest village or nearest vicinity area; or
(c) consented amount of compensation as agreed upon under
sub-section (2) of section 2 in case of acquisition of lands for private
companies or for public private partnership projects,
whichever is higher :
Provided that the date for determination of market value shall be the date
on which the notification has been issued under section 11.
Explanation 1.—The average sale price referred to in clause (b) shall be
determined taking into account the sale deeds or the agreements to sell
registered for similar type of area in the near village or near vicinity area during
immediately preceding three years of the year in which such acquisition of land
is proposed to be made.
Explanation 2.—For determining the average sale price referred to in
Explanation 1, one-half of the total number of sale deeds or the agreements to
sell in which the highest sale price has been mentioned shall be taken into
account.
Explanation 3.—While determining the market value under this section
and the average sale price referred to in Explanation 1, or Explanation 2, any
price paid as compensation for land acquired under the provisions of this Act on
an earlier occasion in the district shall not be taken into consideration.
Explanation 4.—While determining the market value under this section and
the average sale price referred to in Explanation 1 or Explanation 2, any price
paid, which in the opinion of the Collector is not indicative of actual prevailing
market value may be discounted for the purposes of calculating market value.
32
(2)
The market value calculated as per sub-section (1) shall be multiplied
by a factor to be specified in the First Schedule.
(3)
Where the market value under sub-section (1) or sub-section (2)
cannot be determined for the reason that—
(a)
the land is situated in such area where the transactions in
land are restricted by or under any other law for the time being in force in
that area; or
(b)
the registered sale deeds or agreements to sell as mentioned in
clause (a) of sub-section (1) for similar land are not available for the
immediately preceding three years; or
(c)
the market value has not been specified under the Indian
Stamp Act, 1899 (2 of 1899), by the appropriate authority,
the State Government concerned shall specify the floor price or minimum price
per unit area of the said land based on the price calculated in the manner
specified in sub-section (1) in respect of similar types of land situated in the
immediate adjoining areas:
Provided that in a case where the Requiring Body offers its shares to the
owners of the lands (whose lands have been acquired) as a part compensation,
for acquisition of land, such shares in no case shall exceed twenty-five per cent.
of the value so calculated under sub-section (1) or sub-section (2) or
sub-section (3) as the case may be:
Provided further that the Requiring Body shall in no case compel any
owner of the land (whose land has been acquired) to take its shares, the value
of which is deductible in the value of the land calculated under sub-section (1):
Provided also that the Collector shall, before initiation of any land
acquisition proceedings in any area, take all necessary steps to revise and
update the market value of the land on the basis of the prevalent market rate in
that area:
Provided also that the appropriate Government shall ensure that the
market value determined for acquisition of any land or property of an
educational institution established and administered by a religious or linguistic
minority shall be such as would not restrict or abrogate the right to establish
and administer educational institutions of their choice.
33
G. 25/2014/DTP (30).
27.
Determination of amount of compensation. —The Collector having
determined the market value of the land to be acquired shall calculate the total
amount of compensation to be paid to the land owner (whose land has been
acquired) by including all assets attached to the land.
28.
Parameters to be considered by Collector in determination of
award. —In determining the amount of compensation to be awarded for land
acquired under this Act, the Collector shall take into consideration—
firstly, the market value as determined under section 26 and the
award amount in accordance with the First and Second Schedules;
secondly, the damage sustained by the person interested, by reason
of the taking of any standing crops and trees which may be on the land
at the time of the Collector’s taking possession thereof;
thirdly, the damage (if any) sustained by the person interested, at
the time of the Collector’s taking possession of the land, by reason of
severing such land from his other land;
fourthly, the damage (if any), sustained by the person interested, at
the time of the Collector’s taking possession of the land, by reason of
the acquisition injuriously affecting his other property, movable or
immovable, in any other manner, or his earnings;
fifthly, in consequence of the acquisition of the land by the Collector,
the person interested is compelled to change his residence or place of
business, the reasonable expenses (if any) incidental to such change;
sixthly, the damage (if any) bonafide resulting from diminution of the
profits of the land between the time of the publication of the declaration
under section 19 and the time of the Collector’s taking possession of the
land; and
seventhly, any other ground which may be in the interest of equity,
justice and beneficial to the affected families.
29.
Determination
of
Value
of
things
attached
to
land
or building.— (1) The Collector in determining the market value of the building
and other immovable property or assets attached to the land or building which
are to be acquired, use the services of a competent engineer or any other
specialist in the relevant field, as may be considered necessary by him.
34
(2) The Collector for the purpose of determining the value of trees and
plants attached to the land acquired, use the services of experienced persons in
the field of agriculture, forestry, horticulture, sericulture, or any other field, as
may be considered necessary by him.
(3) The Collector for the purpose of assessing the value of the standing
crops damaged during the process of land acquisition, may use the services of
experienced persons in the field of agriculture as may be considered necessary
by him.
30. Award of solatium.— (1) The Collector having determined the total
compensation to be paid, shall, to arrive at the final award, impose a “Solatium”
amount equivalent to one hundred per cent. of the compensation amount.
Explanation.—For the removal of doubts it is hereby declared that
solatium amount shall be in addition to the compensation payable to any person
whose land has been acquired.
(2)
The Collector shall issue individual awards detailing the particulars of
compensation payable and the details of payment of the compensation as
specified in the First Schedule.
(3)
In addition to the market value of the land provided under section 26,
the Collector shall, in every case, award an amount calculated at the rate of
twelve per cent. per annum on such market value for the period commencing on
and from the date of the publication of the notification of the Social Impact
Assessment study under sub-section (2) of section 4, in respect of such land,
till the date of the award of the Collector or the date of taking possession of
the land, whichever is earlier.
CHAPTER V
REHABILITATION AND RESETTLEMENT AWARD
31. Rehabilitation and Resettlement Award for affected families by
Collector.— (1) The Collector shall pass Rehabilitation and Resettlement Awards
for each affected family in terms of the entitlements provided in the Second
Schedule.
(2) The Rehabilitation and Resettlement Award shall include all of the
following, namely:—
(a)
rehabilitation and resettlement amount payable to the family;
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(b) bank account number of the person to which the rehabilitation
and resettlement award amount is to be transferred;.
(c) particulars of house site and house to be allotted, in case of
displaced families;
(d) particulars of land allotted to the displaced families;
(e) particulars of one time subsistence allowance and transportation
allowance in case of displaced families;
(f)
particulars of payment for cattle shed and petty shops;
(g) particulars of one-time amount to artisans and small traders;
(h) details of mandatory employment to be provided to the members
of the affected families;
(i)
particulars of any fishing rights that may be involved;
(j)
particulars of annuity and other entitlements to be provided;
(k) particulars of special provisions for the Scheduled Castes and
the Scheduled Tribes to be provided:
Provided that in case any of the matters specified under clauses (a) to (k)
are not applicable to any affected family the same shall be indicated as
“not applicable”:
Provided further that the appropriate Government may, by notification
increase the rate of rehabilitation and resettlement amount payable to the affected
families, taking into account the rise in the price index.
32. Provision of infrastructural amenities in resettlement area.—In every
resettlement area as defined under this Act, the Collector shall ensure the
provision of all infrastructural facilities and basic minimum amenities specified in
the Third Schedule.
33. Corrections to awards by Collector. —(1) The Collector may at any
time, but not later than six months from the date of award or where he has been
required under the provisions of this Act to make a reference to the Authority
under section 64, before the making of such reference, by order, correct any
clerical or arithmetical mistakes in either of the awards or errors arising therein
either on his own motion or on the application of any person interested or local
authority:
36
Provided that no correction which is likely to affect prejudicially any
person shall be made unless such person has been given a reasonable
opportunity of making representation in the matter.
(2)
The Collector shall give immediate notice of any correction made in
the award so corrected to all the persons interested.
(3)
Where any excess amount is proved to have been paid to any
person as a result of the correction made under sub-section (1), the excess
amount so paid shall be liable to be refunded and in the case of any default or
refusal to pay, the same may be recovered, as prescribed by the appropriate
Government.
34. Adjournment of enquiry.—The Collector may, for any cause he thinks
fit, from time to time adjourn the enquiry to a day to be fixed by him.
35. Power to summon and enforce attendance of witnesses and production
of documents.—For the purpose of enquiries under this Act, the Collector shall
have powers to summon and enforce the attendance of witnesses, including the
parties interested of any of them, and to compel the production of documents
by the same means, and (so far as may be) in the same manner as is provided in
the case of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908).
36. Power to call for records, etc.—The appropriate Government may at any
time before the award is made by the Collector under section 30 call for any
record of any proceedings (whether by way of inquiry or otherwise) for the
purpose of satisfying itself as to the legality or propriety of any findings or
order passed or as to the regularity of such proceedings and may pass such
order or issue such direction in relation thereto as it may think fit:
Provided that the appropriate Government shall not pass or issue any order
or direction prejudicial to any person without affording such person a reasonable
opportunity of being heard.
37. Awards of Collector when to be final.—(1) The awards shall be filed in
the Collector’s office and shall, except as hereinafter provided, be final and
conclusive evidence, as between the Collector and the persons interested,
whether they have respectively appeared before the Collector or not, of the true
area and market value of the land and the assets attached thereto, solatium so
determined and the apportionment of the compensation among the persons
interested.
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(2) The Collector shall give immediate notice of his awards to such of the
persons interested who are not present personally or through their
representatives when the awards are made.
(3) The Collector shall keep open to the public and display a summary of
the entire proceedings undertaken in a case of acquisition of land including the
amount of compensation awarded to each individual along with details of the
land finally acquired under this Act on the website created for this purpose.
38. Power to take possession of land to be acquired.—(1) The Collector
shall take possession of land after ensuring that full payment of compensation
as well as rehabilitation and resettlement entitlements are paid or tendered to the
entitled persons within a period of three months for the compensation and a
period of six months for the monetary part of rehabilitation and resettlement
entitlements listed in the a Second Schedule commencing from the date of the
award made under section 30:
Provided that the components of the Rehabilitation and Resettlement
Package in the Second and Third Schedules that relate to infrastructural
entitlements shall be provided within a period of eighteen months from the date
of the award:
Provided further that in case of acquisition of land for irrigation or hydel
project, being a public purpose, the rehabilitation and resettlement shall be
completed six months prior to submergence of the lands acquired.
(2)
The Collector shall be responsible for ensuring that the
rehabilitation and resettlement process is completed in all its aspects before
displacing the affected families.
39. Additional compensation in case of multiple displacements.—The
Collector shall, as far as possible, not displace any family which has already
been displaced by the appropriate Government for the purpose of acquisition
under the provisions of this Act, and if so displaced, shall pay an additional
compensation equivalent to that of the compensation determined under this Act
for the second or successive displacements.
40. Special powers in case of urgency to acquire land in certain cases.—
(1) In cases of urgency, whenever the appropriate Government so directs, the
Collector, though no such award has been made, may, on the expiration of thirty
days from the publication of the notice mentioned in section 21, take possession
of any land needed for a public purpose and such land shall thereupon vest
absolutely in the Government, free from all encumbrances.
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(2) The powers of the appropriate Government under sub-section (1) shall
be restricted to the minimum area required for the defence of India or national
security or for any emergencies arising out of natural calamities or any other
emergency with the approval of Parliament:
Provided that the Collector shall not take possession of any building or
part of a building under this sub-section without giving to the occupier thereof
at least forty-eight hours notice of his intention to do so, or such longer notice
as may be reasonably sufficient to enable such occupier to remove his movable
property from such building without unnecessary inconvenience.
(3) Before taking possession of any land under sub-section (1) or
sub-section (2), the Collector shall tender payment of eighty per cent. of the
compensation for such land as estimated by him to the person interested
entitled thereto.
(4) In the case of any land to which, in the opinion of the appropriate
Government, the provisions of sub-section (1), sub-section (2) or sub-section
(3) are applicable, the appropriate Government may direct that any or all of the
provisions of Chapter II to Chapter VI shall not apply, and, if it does so direct,
a declaration may be made under section 19 in respect of the land at any time
after the date of the publication of the preliminary notification under
sub-section (1) of section 11
(5) An additional compensation of seventy-five per cent. of the total
compensation as determined under section 27, shall be paid by the Collector in
respect of land and property for acquisition of which proceedings have been
initiated under sub-section (1) of this section:
Provided that no additional compensation will be required to be paid in
case the project is one that affects the sovereignty and integrity of India, the
security and strategic interests of the State or relations with foreign States.
41. Special provisions for Scheduled Castes and Scheduled Tribes.—(1) As
far as possible, no acquisition of land shall be made in the Scheduled Areas.
(2) Where such acquisition does take place it shall be done only as a
demonstrable last resort.
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(3) In case of acquisition or alienation of any land in the Scheduled Areas,
the prior consent of the concerned Gram Sabha or the Panchayats or the
autonomous District Councils, at the appropriate level in Scheduled Areas under
the Fifth Schedule to the Constitution, as the case may be, shall be obtained, in
all cases of land acquisition in such areas, including acquisition in case of
urgency, before issue of a notification under this Act, or any other Central Act
or a State Act for the time being in force:
Provided that the consent of the Panchayats or the Autonomous Districts
Councils shall be obtained in cases where the Gram Sabha does not exist or has
not been constituted.
(4) In case of a project involving land acquisition on behalf of a Requiring
Body which involves involuntary displacement of the Scheduled Castes or the
Scheduled Tribes families, a Development Plan shall be prepared, in such form as
may be prescribed, laying down the details of procedure for settling land rights
due, but not settled and restoring titles of the Scheduled Tribes as well as the
Scheduled Castes on the alienated land by undertaking a special drive together
with land acquisition.
(5) The Development Plan shall also contain a programme for development
of alternate fuel, fodder and non-timber forest produce resources on non-forest
lands within a period of five years, sufficient to meet the requirements of tribal
communities as well as the Scheduled Castes.
(6) In case of land being acquired from members of the Scheduled Castes
or the Scheduled Tribes, at least one-third of the compensation amount due shall
be paid to the affected families initially as first instalment and the rest shall be
paid after taking over of the possession of the land.
(7) The affected families of the Scheduled Tribes shall be resettled
preferably in the same Scheduled Area in a compact block so that they can retain
their ethnic, linguistic and cultural identity.
(8) The resettlement areas predominantly inhabited by the Scheduled
Castes and the Scheduled Tribes shall get land, to such extent as may be
decided by the appropriate Government free of cost for community and social
gatherings.
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(9) Any alienation of tribal lands or lands belonging to members of the
Scheduled Castes in disregard of the laws and regulations for the time being in
force shall be treated as null and void, and in the case of acquisition of such
lands, the rehabilitation and resettlement benefits shall be made available to the
original tribal land owners or land owners belonging to the Scheduled Castes.
(10) The affected Scheduled Tribes, other traditional forest dwellers and the
Scheduled Castes having fishing rights in a river or pond or dam in the affected
area shall be given fishing rights in the reservoir area of the irrigation or hydel
projects.
(11) Where the affected families belonging to the Scheduled Castes and the
Scheduled Tribes are relocated outside of the district, then, they shall be paid
an additional twenty-five per cent. rehabilitation and resettlement benefits to
which they are entitled in monetary terms along with a one-time entitlement of
fifty thousand rupees.
42. Reservation and other benefits.—(1) All benefits, including the
reservation benefits available to the Scheduled Tribes and the Scheduled Castes
in the affected areas shall continue in the resettlement area.
(2) Whenever the affected families belonging to the Scheduled Tribes who
are residing in the Scheduled Areas referred to in the Fifth Schedule or the tribal
areas referred to in the Sixth Schedule to the Constitution are relocated outside
those areas, than, all the statutory safeguards, entitlements and benefits being
enjoyed by them under this Act shall be extended to the area to which they are
resettled regardless of whether the resettlment area is a Scheduled Area referred
to in the said Fifth Schedule, or a tribal area referred to in the said Sixth
Schedule, or not.
(3) Where the community rights have been settled under the provisions of
the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of
Forest Rights) Act, 2006 (2 of 2007), the same shall be quantified in monetary
amount and be paid to the individual concerned who has been displaced due to
the acquisition of land in proportion with his share in such community rights.
41
G. 25/2014/DTP (30).
CHAPTER VI
PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT
43. Appointment of Administrator.—(1) Where the appropriate Government
is satisfied that there is likely to be involuntary displacement of persons due to
acquisition of land, then, the State Government shall, by notification, appoint in
respect of that project, an officer not below the rank of Joint Collector or
Additional Collector or Deputy Collector or equivalent official of Revenue
Department to be the Administrator for Rehabilitation and Resettlement.
(2) The Administrator shall, with a view to enable him to function efficiently
and to meet the special time-frame, be provided with such powers, duties and
responsibilities as may be prescribed by the appropriate Government and
provided with office infrastructure and be assisted by such officers and
employees who shall be subordinate to him as the appropriate Government may
decide.
(3) Subject to the superintendence, directions and control of the appropriate
Government and the Commissioner for Rehabilitation and Resettlement, the
formulation, execution and monitoring of the Rehabilitation and Resettlement
Scheme shall vest in the Administrator.
44. Commissioner for rehabilitation and resettlement.—(1) The State
Government shall appoint an officer of the rank of Commissioner or Secretary of
that Government for rehabilitation and resettlement of affected families under this
Act, to be called the Commissioner for Rehabilitation and Resettlement.
(2) The Commissioner shall be responsible for supervising the formulation
of rehabilitation and resettlement schemes or plans and proper implementation of
such schemes or plans.
(3) The Commissioner shall be responsible for the post-implementation
social audit in consultation with the Gram Sabha in rural areas and municipality
in urban areas.
45. Rehabilitation and resettlement committee at project level.—(1) Where
land proposed to be acquired is equal to or more than one hundred acres, the
appropriate Government shall constitute a Committee under the chairmanship of
the Collector to be called the Rehabilitation and Resettlement Committee, to
monitor and review the progress of implementation of the Rehabilitation and
Resettlement scheme and to carry out post-implementation social audits in
consultation with the Gram Sabha in rural areas and municipality in urban areas.
42
(2) The Rehabilitation and Resettlement Committee shall include, apart from
officers of the appropriate Government, the following members, namely:—
(a) a representative of women residing in the affected area;
(b) a representative each of the Scheduled Castes and the
Scheduled Tribes residing in the affected area;
(c) a representative of a voluntary organisation working in the area;
(d) a representative of a nationalised bank;
(e) the Land Acquisition Officer of the project;
(f) the Chairpersons of the panchayats or municipalities located in
the affected area or their nominees;
(g) the Chairperson of the District Planning Committee or his
nominee;
(h) the Member of Parliament and Member of the Legislative
Assembly of the concerned area or their nominees;
(i) a representative of the Requiring Body; and
(j) Administrator for Rehabilitation and Resettlement as the
Member-Convenor.
(3) The procedure regulating the discharge of the process given in this
section and other matters connected thereto of the Rehabilitation and
Resettlement Committee shall be such as may be prescribed by the appropriate
Government.
46. Provisions relating to rehabilitation and resettlement to apply in case
of certain persons other than specified persons.—(1) Where any person other
than a specified person is purchasing land through private negotiations for an
area equal to or more than such limits, as may be notified by the appropriate
Government, considering the relevant State specific factors and circumstances,
for which the payment of Rehabilitation and Resettlement Costs under this
Act is required, he shall file an application with the District Collector notifying
him of—
(a) intent to purchase;
(b) purpose for which such purchase is being made;
(c) particulars of lands to be purchased.
43
(2) It shall be the duty of the Collector to refer the matter to the
Commissioner for the satisfaction of all relevant provisions under this Act
related to rehabilitation and resettlement.
(3) Based upon the Rehabilitation and Resettlement Scheme approved by
the Commissioner as per the provisions of this Act, the Collector shall pass
individual awards covering Rehabilitation and Resettlement entitlements as per
the provisions of this Act.
(4) No land use change shall be permitted if rehabilitation and resettlement
is not complied with in full.
(5) Any purchase of land by a person other than specified persons without
complying with the provisions of Rehabilitation and Resettlement Scheme shall
be void ab initio:
Provided that the appropriate Government may provide for rehabilitation and
resettlement provisions on sale or purchase of land in its State and shall also
fix the limits or ceiling for the said purpose.
(6) If any land has been purchased through private negotiations by a
person on or after the 5th day of September, 2011, which is more than such
limits referred to in sub-section (1) and, if the same land is acquired within three
years from the date of commencement of this Act, then, forty per cent of the
compensation paid for such land acquired shall be shared with the original land
owners.
Explanation.—For the purpose of this section, the expression—
(a)“original land owner” refers to the owner of the land as on the
5th day of September 2011;
(b) “specified persons” includes any person other than—
(i)
appropriate Government;
(ii)
Government company;
(iii)
association of persons or trust or society as registered
under the Societies Registration Act, 1860 (21 of 1860), wholly or
partially aided by the appropriate Government or controlled by the
appropriate Government.
44
47. Quantification and deposit of rehabilitation and resettlement amount.—
Where the Collector is of the view that the obligations of the Requiring Body
with regard to rehabilitation and resettlement can be quantified into monetary
amount, he shall allow the payment of such amount into an account in complete
satisfaction of such obligations, which shall be administered by the Administrator
appointed under section 43, under the supervision of the Collector.
CHAPTER VII
NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND
RESETTLEMENT
48. Establishment of National Monitoring Committee for rehabilitation
and resettlement.—(1) The Central Government may, whenever necessary, for
national or inter-State projects, constitute a National Monitoring Committee for
reviewing and monitoring the implementation of rehabilitation and resettlement
schemes or plans under this Act.
(2) The Committee may, besides having representation of the concerned
Ministries and Departments of the Central and State Governments, associate with
it eminent experts from the relevant fields.
(3) The procedures to be followed by the Committee and the allowances
payable to the experts shall be such as may be prescribed.
(4) The Central Government shall provide officers and other employees to
the Committee necessary for its efficient functioning.
49. Reporting requirements.—The States and Union territories shall provide
all the relevant information on the matters covered under this Act, to the
National Monitoring Committee in a regular and timely manner, and also as and
when required.
50. Establishment of State Monitoring Committee for rehabilitation and
resettlement.—(1) The State Government shall constitute a State Monitoring
Committee for reviewing and monitoring the implementation of rehabilitation and
resettlement schemes or plans under this Act.
(2) The Committee may, besides having representatives of the concerned
Ministries and Departments of the State Government, associate with it eminent
experts from the relevant fields.
(3) The procedures to be followed by the Committee and the allowances
payable to the experts shall be such as may be prescribed by the State.
(4) The State Government shall provide such officers and other employees
to the Committee as may be necessary for its efficient functioning.
45
CHAPTER VIII
ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND
RESETTLEMENT AUTHORITY
51. Establishment of Land Acquisition, Rehabilitation and Resettlement
Authority.—(1) The appropriate Government shall, for the purpose of providing
speedy disposal of disputes relating to land acquisition, compensation,
rehabilitation and resettlement, establish, by notification, one or more Authorities
to be known as “the Land Acquisition, Rehabilitation and Resettlement
Authority” to exercise jurisdiction, powers and authority conferred on it by or
under this Act.
(2) The appropriate Government shall also specify in the notification
referred to in sub-section (1) the areas within which the Authority may exercise
jurisdiction for entertaining and deciding the references made to it under section
64 or applications made by the applicant under second proviso to
sub-section (1) of section 64.
52. Composition of Authority.—(1) The Authority shall consist of one
person only (hereinafter referred to as the Presiding Officer) to be appointed, by
notification, by the appropriate Government.
(2) Notwithstanding anything contained in sub-section (1), the appropriate
Government may authorise the Presiding Officer of one Authority to discharge
also the functions of the Presiding Officer of another Authority.
53. Qualifications for appointment as Presiding Officer.—(1) A person shall
not be qualified for appointment as the Presiding Officer of an Authority
unless,—
(a) he is or has been a District Judge; or
(b) he is a qualified legal practitioner for not less than seven years.
(2) A Presiding Officer shall be appointed by the appropriate Government in
consultation with the Chief Justice of a High Court in whose jurisdiction the
Authority is proposed to be established.
54. Terms of office of Presiding Officer.—The Presiding Officer of an
Authority shall hold office for a term of three years from the date on which he
enters upon his office or until he attains the age of sixty-five years, whichever is
earlier.
46
55. Staff of Authority.—(1) The appropriate Government shall provide the
Authority with a Registrar and such other officers and employees as that
Government may think fit.
(2) The Registrar and other officers and employees of an Authority shall
discharge their functions under the general superintendence of the Presiding
Officer.
(3) The salaries and allowances and other conditions of service of the
Registrar and other officers and employees of an Authority shall be such as may
be prescribed.
56. Salary and allowances and other terms and conditions of service of
Presiding Officers.—The salary and allowances payable to and the other terms
and conditions of service (including pension, gratuity and other retirement
benefits) of the Presiding Officer of an Authority, shall be such as may be
prescribed:
Provided that neither the salary and allowances nor the other terms and
conditions of service of the said Presiding Officers shall be varied to their
disadvantage after appointment.
57. Filling up of vacancies:— If, for any reason other than temporary
absence, any vacancy occurs in the office of the Presiding Officer of an
Authority then the appropriate Government shall appoint another person in
accordance with the provisions of this Act to fill the vacancy and the
proceedings may be continued before the Authority from the stage at which the
vacancy is filled.
58. Resignation and removal.—(1) The Presiding Officer of an Authority
may, by notice in writing under his hand addressed to the appropriate
Government, resign his office:
Provided that the Presiding Officer shall, unless he is permitted by the
appropriate Government to relinquish his office sooner, continue to hold office
until the expiry of three months from the date of receipt of such notice or until
a person duly appointed as his successor enters upon his office or until the
expiry of his term of office, whichever is earlier.
(2) The Presiding Officer of an Authority shall not be removed from his
office except by an order made by the appropriate Government on the ground of
proven misbehaviour or incapacity after inquiry in the case of the Presiding
Officer of an Authority made by a Judge of a High Court in which the Presiding
Officer concerned has been informed of the charges against him and given a
reasonable opportunity of being heard in respect of these charges.
47
(3) The appropriate Government may, by rules, regulate the procedure for
the investigation of misbehaviour or incapacity of the aforesaid Presiding Officer.
59. Orders constituting authority to be final and not to invalidate its
proceedings.—No order of the appropriate Government appointing any person
as the Presiding Officer of an Authority shall be called in question in any
manner, and no act or proceeding before an Authority shall be called in question
in any manner on the ground merely of any defect in the constitution of an
Authority.
60. Powers of Authority and procedure before it.–(1) The Authority shall,
for the purposes of its functions under this Act, shall have the same powers as
are vested in a civil Court under the Code of Civil Procedure, 1908 (5 of 1908) in
respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) discovery and production of any document or other material object
producible as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning of any public record;
(e) issuing commission for the examination of witnesses;
(f) reviewing its decisions, directions and orders;
(g) any other matter which may be prescribed.
(2) The Authority shall have original jurisdiction to adjudicate upon every
reference made to it under section 64.
(3) The Authority shall not be bound by the procedure laid down in the
Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of
natural justice and subject to the other provisions of this Act and of any rules
made thereunder, the Authority shall have the power to regulate its own
procedure.
(4) The Authority shall, after receiving reference under section 64 and after
giving notice of such reference to all the parties concerned and after affording
opportunity of hearing to all parties, dispose of such reference within a period
of six months from the date of receipt of such reference and make an award
accordingly.
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(5) The Authority shall arrange to deliver copies of the award to the parties
concerned within a period of fifteen days from the date of such award.
61. Proceedings before Authority to be judicial Proceedings.—All
proceedings before the Authority shall be deemed to be judicial proceedings
within the meaning of sections 193 and 228 of the Indian Penal Code (45 of
1860) and the Authority shall be deemed to be a civil court for the purposes of
sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).
62. Members and officers of authority to be public servants.—The Member
and officers of the Authority shall be deemed to be public servants within the
meaning of section 21 of the Indian Penal Code (45 of 1860).
63. Jurisdiction of civil courts barred.—No civil court (other than High
Court under article 226 or article 227 of the Constitution or the Supreme Court)
shall have jurisdiction to entertain any dispute relating to land acquisition in
respect of which the Collector or the Authority is empowered by or under this
Act, and no injunction shall be granted by any court in respect of any such
matter.
64. Reference to Authority.— (1) Any person interested who has not
accepted the award may, by written application to the Collector, require that the
matter be referred by the Collector for the determination of the Authority, as the
case may be, whether his objection be to the measurement of the land, the
amount of the compensation, the person to whom it is payable, the rights of
Rehabilitation and Resettlement under Chapters V and VI or the apportionment
of the compensation among the persons interested:
Provided that the Collector shall, within a period of thirty days from the
date of receipt of application, make a reference to the appropriate Authority:
Provided further that where the Collector fails to make such reference within
the period so specified, the applicant may apply to the Authority, as the case
may be, requesting it to direct the Collector to make the reference to it within a
period of thirty days.
(2) The application shall state the grounds on which objection to the award
is taken:
49
G. 25/2014/DTP (30).
Provided that every such application shall be made—
(a) if the person making it was present or represented before the
Collector at the time when he made his award, within six weeks from the
date of the Collector’s award;
(b) in other cases, within six weeks of the receipt of the notice from
the Collector under section 21, or within six months from the date of the
Collector’s award, whichever period shall first expire:
Provided further that the Collector may entertain an application after the
expiry of the said period, within a further period of one year, if he is satisfied
that there was sufficient cause for not filing it within the period specified in the
first proviso.
65. Collector’s Statement to Authority.—(1) In making the reference, the
Collector shall state for the information of the Authority, in writing under his
hand—
(a) the situation and extent of the land, with particulars of any trees,
buildings or standing crops thereon;
(b) the names of the persons whom he has reason to think interested
in such land;
(c) the amount awarded for damages and paid or tendered under section
13, and the amount of compensation awarded under the provisions
of this Act;
(d) the amount paid or deposited under any other provisions of this
Act; and
(e) if the objection be to the amount of the compensation, the grounds
on which the amount of compensation was determined.
(2) The statement under sub-section (1) shall be attached a schedule
giving the particulars of the notices served upon, and of the statements in
writing made or delivered by the persons interested respectively.
66. Service of notice by Authority.—The Authority shall thereupon cause a
notice specifying the day on which the Authority will proceed to determine the
objection, and directing their appearance before the Authority on that day, to be
served on the following persons, namely:—
50
(a) the applicant;
(b) all persons interested in the objection, except such (if any) of
them as have consented without protest to receive payment of the
compensation awarded; and
(c) if the objection is in regard to the area of the land or to
the amount of the compensation, the Collector.
67. Restriction on scope of proceedings.—The scope of the enquiry in
every such proceeding shall be restricted to a consideration of the interest of
the persons affected by the objection.
68. Proceedings to be in public.—Every such proceeding shall take place
in public, and all persons entitled to practice in any Civil Court in the State shall
be entitled to appear, plead and act (as the case may be) in such proceeding.
69. Determination of award by Authority.—(1) In determining the amount
of compensation to be awarded for land acquired including the Rehabilitation
and Resettlement entitlements, the Authority shall take into consideration
whether the Collector has followed the parameters set out under section 26 to
section 30 and the provisions under Chapter V of this Act.
(2) In addtition to the market value of the land, as above provided, the
Authority shall in every case award an amount calculated at the rate of twelve
per cent. per annum on such market value for the period commencing on and
from the date of the publication of the preliminary notification under section 11
in respect of such land to the date of the award of the Collector or the date of
taking possession of the land, whichever is earlier.
Explanation.—In computing the period referred to in this sub-section, any
period or periods during which the proceedings for the aquisition of the land
were held up on account of any stay or injunction by the order of any Court
shall be excluded.
(3) In addition to the market value of the land as above provided, the
Authority shall in every case award a solatium of one hundred per cent. over
the total compensation amount.
51
70. Form of award.—(1) Every award under this Chapter shall be in writing
signed by the Presidng Officer of the Authority, and shall specify the amount
awarded under clause first of section 28, and also the amounts (if any)
respectively awarded under each of the other clauses of the same sub-section,
together with the grounds of awarding each of the said amounts.
(2) Every such award shall be deemed to be a decree and the statement of
the grounds of every such award a judgement within the meaning of clause (2),
and clause (9) of respectively, of section 2 of the Code of Civil Procedure, 1908
(5 of 1908).
71. Costs.—(1) Every such award shall also state the amount of costs
incurred in the proceeding under this Chapter, and by what persons and in what
proportions they are to be paid.
(2) When the award of the Collector is not upheld, the cost shall ordinarily
be paid by the Collector, unless the Authority concerned is of the opinion that
the claim of the applicant was so extravagant or that he was so negligent in
putting his case before the Collector that some deduction from his costs should
be made or that he should pay a part of the Collector’s costs.
72. Collector may be directed to pay interest on excess compensation.—If
the sum, which in the opinion of the Authority concerned, the Collector ought
to have awarded as compensation is in excess of the sum which the Collector
did award as compensation, the award of the Authority concerned may direct
that the Collector shall pay interest on such excess at the rate of nine per cent.
per annum from the date on which he took possession of the land to the date
of payment of such excess into Authority:
Provided that the award of the Authority concerned may also direct that
where such excess or any part thereof is paid to the Authority after the date or
expiry of a period of one year from the date on which possession is taken,
interest at the rate of fifteen per cent. per anuum shall be payable from the date
of expiry of the said period of one year on the amount of such excess or part
thereof which has not been paid into Authority before the date of such expiry.
52
73. Re-determination of amount of compensation on the basis of the
award of the Authoirty.—(1) Where in an award under this Chapter, the
Authority concerned allows to the applicant any amount of compensation in
excess of the amount awarded by the Collector under section 23, the persons
interested in all the other land covered by the same preliminary notification
under section 11, and who are also aggrieved by the award of the Collector may,
notwithstanding that they had not made an application to the Collector, by
written application to the Collector within three months from the date of the
award of the Authority concerned require that the amount of compensation
payable to them may be re-determined on the basis of the amount of
compensation awarded by the Authority:
Provided that in computing the period of three months within which an
application to the Collector shall be made under this sub-section, the day on
which the award was pronounced and the time requisite for obtaining a copy of
the award shall be excluded.
(2) The Collector shall, on receipt of an application under sub-section (1),
conduct an inquiry after giving notice to all the persons interested and giving
them a reasonable opportunity of being heard, and make an award determining
the amount of compensation payable to the applicants.
(3) Any person who has not accepted the award under sub-section (2)
may, by written application to the Collector, require that the matter be referred by
the Collector for the determination of the Authority concerned.
74. Appeal to High Court.—(1) The Requiring Body or any person
aggrieved by the Award passed by an Authority under section 69 may file an
appeal to the High Court within sixty days from the date of Award:
Provided that the High Court may, if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal within the said period,
allow it to be filed within a further period not exceeding sixty days.
(2) Every appeal referred to under sub-section (1) shall be heard as
expeditiously as possible and endeavour shall be made to dispose of such
appeal within six months from the date on which the appeal is presented to the
High Court.
Explanation.—For the purposes of this section, “High Court” means the
High Court within the jurisdiction of which the land acquired or proposed to be
acquired is situated.
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CHAPTER IX
APPORTIONMENT OF COMPENSATION
75. Particulars of apportionment to be specified.—When there are several
persons interested, if such persons agree in the apportionment of the
compensation, the particulars of such apportionment shall be specified in the
award, and as between such persons the award shall be conclusive evidence of
the correctness of the apportionment.
76. Dispute as to apportionment.—When the amount of compensation has
been settled, if any dispute arises as to the apportionment of the same or any
part thereof, or as to the persons to whom the same or any part thereof is
payable, the Collector may refer such disputes to the Authority.
CHAPTER X
PAYMENT
77. Payment of compensation or deposit of same in Authority.—(1) On
making an award under section 30, the Collector shall tender payment of the
compensation awarded by him to the persons interested entitled thereto
according to the award and shall pay it to them by depositing the amount in
their bank accounts unless prevented by someone or more of the contingencies
mentioned in sub-section (2).
(2) If the person entitled to compensation shall not consent to receive it,
or if there be no person competent to alienate the land, or if there be any
dispute as to the title to receive the compensation or as to the apportionment of
it, the Collector shall deposit the amount of the compensation in the Authority
to which a reference under section 64 would be submitted:
Provided that any person admitted to be interested may receive such
payment under protest as to the sufficiency of the amount:
Provided further that no person who has received the amount otherwise
than under protest shall be entitled to make any application under sub-section
(1) of section 64:
Provided also that nothing herein contained shall affect the liability of any
person, who may receive the whole or any part of any compensation awarded
under this Act, to pay the same to the person lawfully entitled thereto.
54
78. Investment of money deposited in respect of lands belonging to person
in competent to alienate.—(1) If any money is deposited in the Authority
concerned under sub-section (2) of section 77 and it appears that the land in
respect whereof the same was awarded belonged to any person who had no
power to alienate the same, the Authority concerned shall—
(a) order the money to be invested in the purchase of other
lands to be held under the like title and conditions of ownership as the
land in respect of which such money shall have been deposited was
held; or
(b) if such purchase cannot be effected forthwith, then in
such Government of other approved securities as the Authority
concerned shall think fit,
and shall direct the payment of the interest or other proceeds arising from
such investment to the person or persons who would for the time being have
been entitled to the possession of the said land, and such moneys shall remain
so deposited and invested until the same be applied—
(i) in the purchase of such other lands as aforesaid; or
(ii) in payment to any person or persons becoming absolutely
entitled thereto.
(2) In all cases of money deposited to which this section applies the
Authority concerned shall order the costs of the following matters, including
therein all reasonable charge and expenses incident thereon, to be paid by the
Collector, namely:—
(a) the costs of such investments as aforesaid;
(b) the costs of the orders for the payment of the interest or
other proceeds of the securities upon which such moneys are for the
time being invested, and for the payment out of the Authority
concerned of the principal of such moneys, and of all proceedings
relating thereto, except such as may be occasioned by litigation
between adverse claimants.
79. Investment of money deposited in other cases.—When any money shall
have been deposited in the Authority concerned under this Act for any cause
other than the causes mentioned in section 78, the Authority may, on the
application of any party interested or claiming an interest in such money, order
the same to be invested in such Government or other approved securities as it
55
may think proper, and paid in such manner as it may consider will give the
parties interested therein the same benefit from it as they might have had from
the land in respect whereof such money shall have been deposited or as near
thereto as may be.
80. Payment of interest.— When the amount of such compensation is not
paid or deposited on or before taking possession of the land, the Collector shall
pay the amount awarded with interest thereon at the rate of nine per cent. per
annum from the time of so taking possession until it shall have been so paid or
deposited:
Provided that if such compensation or any part thereof is not paid or
deposited within a period of one year from the date on which possession is
taken, interest at the rate of fifteen per cent. per annum shall be payable from
the date or expiry of the said period of one year on the amount of
compensation or part thereof which has not been paid or deposited before the
date of such expiry.
CHAPTER XI
TEMPORARY OCCUPATION OF LAND
81. Temporary occupation of waste or arable land, procedure when
difference as to compensation exists.—(1) Whenever it appears to the
appropriate Government that the temporary occupation and use of any waste or
arable land are needed for any public purpose, the appropriate Government may
direct the Collector to procure the occupation and use of the same for such
terms as it shall think fit, not exceeding three years from the commencement of
such occupation.
(2) The Collector shall thereupon give notice in writing to the person
interested in such land of the purpose for which the same is needed, and shall,
for the occupation and use thereof for such term as aforesaid, and for the
materials (if any) to be taken therefrom, pay to them such compensation, either
in a gross sum of money, or by monthly or other periodical payments, as shall be
agreed upon in writing between him and such persons respectively.
(3) In case the Collector and the persons interested differ as to the
sufficiency of the compensation or apportionment thereof, the Collector shall
refer such difference to the decision of the Authority.
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82. Power to enter and take possession and compensation on
restoration.—(1) On payment of such compensation, or on executing such
agreement, or on making a reference under section 64, the Collector may enter
upon and take possession of the land, and use or permit the use thereof in
accordance with the terms of the said notice.
(2) On the expiration of the term, the Collector shall make or tender to the
persons interested compensation for the damage (if any) done to the land and
not provided for by the agreement, and shall restore the land to the persons
interested therein:
Provided that, if the land has become permanently unfit to be used for the
purpose for which it was used immediately before the commencement of such
term, and if the persons interested shall so require, the appropriate Government
shall proceed under this Act to acquire the land as if it was needed permanently
for a public purpose.
83. Difference as to condition of land.—In case the Collector and persons
interested differ as to the condition of the land at the expiration of the term, or
as to any matter connected with the said agreement, the Collector shall refer
such difference to the decision of the Authority concerned.
CHAPTER XII
OFFENCES AND PENALTIES
84. Punishment for false information, mala fide action, etc.—(1) If a
person, in connection with a requirement or direction under this Act, provides
any information that is false or misleading, or produces any false document, he
shall be liable to be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to one lakh
rupees, or with both.
(2) Any rehabilitation and resettlement benefit availed of by making a false
claim or through fraudulent means shall be liable to be recovered by the
appropriate Government in the manner as may be prescribed.
(3) Disciplinary proceedings may be drawn up by the discplinary authority
against a Government servant, who if proved to be guilty of a mala fide action
in respect of any provision of this Act, shall be liable to such punishment
including a fine as the disciplinary authority may decide.
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85. Penalty for contravention of provisions of Act.—If any person
contravenes any of the provisions relating to payment of compensation or
rehabilitation and resettlement, every such person shall be liable to a
punishment of six months which may extend to three years or with fine or with
both.
86. Offences by companies.—(1) Where an offence under this Act has
been committed by a company, every person who at the time the offence was
committed was in charge of, and was responsible to, the company for the
conduct of the business of the company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment if he proves that the offence was committed
without his knowledge or that he had exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed by a company and it is proved that
the offence has been committed with the consent or connivance of, or that the
commission of the offence is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm
or other association of individuals and a Requiring Body; and
(b) “director”, in relation to a firm, means a partner in the firm.
87. Offences by Government Departments.—(1) Where an offence under
this Act has been committed by any department of the Government, the head of
the department, shall be deemed to be guilty of the offence and shall be liable
to be proceeded against and punished accordingly:
Provided that nothing contained in this section shall render any person
liable to any punishment if such person proves that the offence was committed
without his knowledge or that such person exercised all due diligence to prevent
the commission of such offence.
58
(2) Notwithstanding anything contained in sub-section (1), where any
offence under this Act has been committed by a Department of the Government
and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of any officer, other
than the head of the department, such officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished
accordingly.
88. Cognizance of offences by court.—No court inferior to that of a
Metropolitan Magistrate or a Judicial Magistrate of the first class shall be
competent to try any offence punishable under this Act.
89. Offences to be non-congnizable.—Notwithstanding anything contained
in the Code of Criminal Procedure, 1973 (2 of 1974) every offence under this Act
shall be deemed to be non-cognizable.
90. Offences to be cognizable only on complaint filed by certain
persons.—No court shall take cognizance of any offence under this Act which is
alleged to have been committed by a Requiring Body except on a complaint in
writing made by the Collector or any other officer authorised by the appropriate
Government or any member of the affected family.
CHAPTER XIII
MISCELLANEOUS
91. Magistrate to enforce surrender.—If the Collector is opposed or
impeded in taking possession under this Act of any land, he shall, if a
Magistrate, enforce the surrender of the land to himself, and if not a Magistrate,
he shall apply to a Magistrate or to the Commissioner of Police, and such
Magistrate or Commissioner, as the case may be, shall enforce the surrender of
the land to the Collector.
92. Service of notice.—(1) Save as otherwise provided in section 66, the
service of any notice under this Act shall made by delivering or tendering a
copy thereof signed, in the case of a notice, by the officer therein mentioned,
and, in the case of any other notice, by order of the Collector.
(2) Whenever it may be practicable, the service of the notice shall be made
on the person therein named.
59
(3) When such person cannot be found, the service may be made on any
adult member of his family residing with him; and, if no such adult member can
be found, the notice may be served by fixing the copy on the outer door of the
house in which the person therein named ordinarily dwells or carries on
business, or by fixing a copy thereof in some conspicuous place in the office of
the officer aforesaid or of the Collector or in the court-house, and also in some
conspicuous part of the land to be acquired:
Provided that, if the Collector or Judge shall so direct, a notice may be sent
by post, in a letter addressed to the person named therein at his last known
residence, address or place of business and also publish the same in at least
two national daily newspapers and also on his website.
93. Completion of acquisition not compulsory, but compensation to be
awarded when not completed.—(1) The appropriate Government shall be at
liberty to withdraw from the acquisition of any land of which possession has
not been taken.
(2) Whenever the appropriate Government withdraws from any such
acquisition, the Collector shall determine the amount of compensation due for
the damage suffered by the owner in consequence of the notice or of any
proceedings thereunder, and shall pay such amount to the person interested,
together with all costs reasonably incurred by him in the prosecution of the
proceedings under this Act relating to the said land.
94. Acquisition of part of house or building.—(1) The provisions of this
Act shall not be put in force for the purpose of acquiring a part only of any
house, manufactory or other building, if the owner desires that the whole of
such house, manufactory or building shall be so acquired:
Provided that, if any question shall arise as to whether any land proposed
to be taken under this Act does or does not form part of a house, manufactory
or building within the meaning of this section, the Collector shall refer the
determination of such question to the Authority concerned and shall not be
taken possession of such land until after the question has been determined.
(2) In deciding on such a reference made under the proviso to sub-section
(1), the Authority concerned shall have regard to the question whether the land
proposed to be taken, is reasonably required for the full and unimpaired use of
the house, manufactory or building.
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(3) If, in the case of any claim under this Act, by a person interested, on
account of the severing of the land to be acquired from his other land, the
appropriate Government is of opinion that the claim is unreasonable or excessive,
it may, at any time before the Collector has made his award, order the
acquisition of the whole of the land of which the land first sought to be
acquired forms a part.
(4) In the case of any acquisition of land so required no fresh declaration
or other proceedings under sections 11 to 19, (both inclusive) shall be
necessary; but the Collector shall without delay furnish a copy of the order of
the appropriate Government to the person interested, and shall thereafter
proceed to make his award under section 23.
95. Acquisition of land at cost of a local authority or Requiring
Body.—(1) Where the provisions of this Act are put in force for the purpose
of acquiring land at the cost of any fund controlled or managed by a local
authority or of any Requiring Body, the charges of land incidental to such
acquisition shall be defrayed from or by such fund or Requiring Body.
(2) In any proceeding held before a Collector or Authority concerned in
such cases the local authority or Requiring Body concerned may appear and
adduce evidence for the purpose of determining the amount of compensation:
Provided that no such local authority or Requiring Body shall be entitled to
demand a reference to the Authority concerned under section 64.
96. Exemption from Income Tax, stamp duty and fees.—No income tax or
stamp duty shall be levied on any award or agreement made under this Act,
except under section 46 and no person claiming under any such award or
agreement shall be liable to pay any fee for a copy of the same.
97. Acceptance of certified copy as evidence.—In any proceeding under
this Act, a certified copy of a document registered under the Registration Act,
1908 (16 of 1908) including a copy given under section 57 of that Act, may be
accepted as evidence of the transaction recorded in such document.
61
98. Notice in case of suits for anything done in pursuance of Act.—No
suit or other proceeding shall be commenced against any person for anything
done in pursuance of this Act, without giving to such person a month’s previous
notice in writing of the intended proceeding, and of the cause thereof, nor after
tender of sufficient amendments.
99. No change of purpose to be allowed.—No change from the purpose or
related purposes for which the land is originally sought to be acquired shall be
allowed :
Provided that if the land acquired is rendered unusable for the purpose for
which it was acquired due to a fundamental change because of any unforeseen
circumstances, then the appropriate Government may use such land for any other
public purpose.
100. No change of ownership without permission to be allowed.—No
change of ownership without specific permission from the appropriate
Government shall be allowed.
101. Return of unutilised land.—When any land acquired under this Act
remains unutilised for a period of five years from the date of taking over the
possession, the same shall be returned to the original owner or owners or their
legal heirs, as the case may be, or to the Land Bank of the appropriate
Government by reversion in the manner as may be prescribed by the appropriate
Government.
Explanation.—For the purpose of this section, “Land Bank” means a
governmental entity that focuses on the conversion of Government owned
vacant, abandoned, unutilised acquired lands and tax-delinquent properties into
productive use.
102. Difference in price of land when transferred for higher consideration
to be shared.—Whenever the ownership of any land acquired under this Act is
transferred to any person for a consideration, without any development having
taken place on such land, forty per cent. of the appreciated land value shall be
shared amongst the persons from whom the lands were acquired or their heirs,
in proportion to the value at which the lands were acquired within a period of
five years from the date of acquisition:
62
Provided that benefit shall accrue only on the first sale or transfer that
occurs after the conclusion of the acquisition proceedings.
103. Provisions to be in addition to existing laws.—The provisions of this
Act shall be in addition to and not in derogation of, any other law for the time
being in force.
104. Option of appropriate government to lease.— Notwithstanding
anything contained in this Act, the appropriate Government shall, wherever
possible, be free to exercise the option of taking the land on lease, instead of
acquisition, for any public purpose referred to in sub-section (1) of section 2.
105. Provisions of this Act not to apply in certain cases or to apply with
certain modifications.—(1) Subject to sub-section (3), the provisions of this
Act shall not apply to the enactments relating to land acquisition specified in
the Fourth Schedule.
(2) Subject to sub-section (2) of section 106, the Central Government may,
by notification, omit or add to any of the enactments specified in the Fourth
Schedule.
(3) The Central Government shall, by notification, within one year from the
date of commencement of this Act, direct that any of the provisions of this Act
relating to the determination of compensation in accordance with the First
Schedule and rehabilitation and resettlement specified in the Second and Third
Schedules, being beneficial to the affected families, shall apply to the cases of
land acquisition under the enactments specified in the Fourth Schedule or shall
apply with such exceptions or modifications that do not reduce the
compensation or dilute the provisions of this Act relating to compensation or
rehabilitation and resettlement as may be specified in the notification, as the case
may be.
63
(4) A copy of every notification proposed to be issued under sub-section
(3), shall be laid in draft before each House of Parliament, while it is in session,
for a total period of thirty days which may be comprised in one session or in
two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both
Houses agree in disapproving the issue of the notification or both Houses agree
in making any modification in the notification, the notification shall not be issued
or, as the case may be, shall be issued only in such modified form as may be
agreed upon by both the Houses of Parliament.
106. Power to amend Schedule.—(1) The Central Government may, by
notification, amend or alter any of the Schedules to this Act, without in any way
reducing the compensation or diluting the provisions of this Act relating to
compensation or rehabilitation and resettlement.
(2) A copy of every notification proposed to be issued under sub-section
(1), shall be laid in draft before each House of Parliament, while it is in session,
for a total period of thirty days which may be comprised in one session or in
two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both
Houses agree in disapproving the issue of the notification or both Houses agree
in making any modification in the notification, the notification shall not be issued
or as the case may be, shall be issued only in such modified form as may be
agreed upon by both the Houses of Parliament.
107. Power of State Legislatures to enact any law more beneficial to
affected families.—Nothing in this Act shall prevent any State from enacting any
law to enhance or add to the entitlements enumerated under this Act which
confers higher compensation than payable under this Act or make provisions for
rehabilitation and resettlement which is more beneficial than provided
under this Act.
108. Option to affected families to avail better compensation and
rehabilitation and resettlement.— (1) Where a State law or a policy framed by
the Government of a State provides for a higher compensation than calculated
under this Act for the acquisition of land, the affected persons or his family or
member of his family may at their option opt to avail such higher compensation
and rehabilitation and resettlement under such State law or such policy
of the State.
64
(2) Where a State law or a policy framed by the Government of a State
offers more beneficial rehabilitation and resettlement provisions under that Act or
policy than under this Act, the affected persons or his family or member of his
family may at his option opt to avail such rehabilitation and resettlement
provisions under such state law or such policy of the State instead of under
this Act.
109. Power of appropriate Government to make rules.—(1) Subject to the
other provisions of this Act, the appropriate Government may, by notification,
make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing,
such rules may provide for all or any of the following matters, namely:—
(a) the process of obtaining the prior consent under the first
proviso to sub-section (2) of section 2;
(b) the limits of land in rural areas or urban areas under clause (a)
of sub-section (3) of section 2;
(c) the manner and the time limit for carrying out social impact
assessment study under sub-section (1) of section 4;
(d) the manner of preparing and publishing social impact assessment
study reports under sub-section (1) of section 6;
(e) the manner and time for conducting survey and undertaking
census under sub-section (1) of section 16;
(f) the manner of preparing draft Rehabilitation and Resettlement
Scheme under sub-section (2) of section 16;
(g) the manner of conducting public hearing under sub-section (5)
of section 16;
(h) the manner of depositing amount by the Requiring Body under
second proviso to sub-section (2) of section 19;
(i) the manner in which and the period within which any excess
amount paid may be recovered under sub-section (3) of section 33;
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G. 25/2014/DTP (30).
(j) the form in which the Development Plan shall be prepared under
sub-section (4) of section 41;
(k) the powers, duties and responsibilities of Administrator under
sub-section (2) of section 43;
(l) the procedure of Rehabilitation and Resettlement Committee
under sub-section (3) of section 45;
(m) the procedure to be followed by the Rehabilitation and
Resettlement Committee and allowances to be paid to the experts under
sub-section (3) of section 48;
(n) the procedures to be followed by the State Monitoring
Committee and the allowances payable to the experts under sub-section
(3) of section 50;
(o) the salaries and allowances and other conditions of service of
the Registrar and other officers and employees of an Authority under
sub-section (3) of section 55;
(p) the salary and allowances payable to and the other terms and
conditions of service (including pension, gratuity and other retirement
benefits) of, the Presiding Officer of an Authority under section 56;
(q) any other matter under clause (g) of sub-section (1) of section 60;
(r) the manner of recovery of the rehabilitation and resettlement
benefits, availed of by making false claim or through fraudulent means,
under sub-section (2) of section 84;
(s) the manner of returning the unutilised land by reversion under
section 101,
(t) manner of publication wherever the provisions of this Act
provide for;
(u) any other matter which is required to be or may be specified
under this Act.
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110. Rules made by Central Government to be laid before Parliament.—
Every rule made by the Central Government under this Act shall be laid as soon
as may be after it is made, before each House of Parliament while it is in
session for a total period of thirty days which may be comprised in one session
or two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or both Houses agree that
the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
111. Rules made by State Government to be laid before State
Legislature.— Every rule made by the State Government under this Act shall be
laid, as soon as may be after it is made, before each House of the State
Legislature where it consists of two Houses, or where such Legislature consists
of one House, before that House.
112. Previous publication of rules made by Central and state
Government.— The power to make rules by the Central or State Government
under this Act shall be subject to the condition of the rules, being made after
previous publication.
113. Power to remove difficulties.—(1) If any difficulty arises in giving
effect to the provisions of this Part, the Central Government may, by order, make
such provisions or give such directions not inconsistent with the provisions of
this Act as may appear to it to be necessary or expedient for the removal of the
difficulty:
Provided that no such power shall be exercised after the expiry of a
period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be
after it is made, before each House of Parliament.
114. Repeal and saving.—(1) The Land Acquisition Act, l894 (1 of 1984)
hereby repealed.
(2) Save as otherwise provided in this Act the repeal under sub-section
(1) shall not be held to prejudice or affect the general application of section 6
of the General Clauses Act, l897 (10 of 1897) with regard to the effect of repeals.
67
THE FIRST SCHEDULE
[See section 30 (2)]
COMPENSATION FOR LAND OWNERS
The following components shall constitute the minimum compensation
package to be given to those whose land is acquired and to tenants referred to
in clause (c) of section 3 in a proportion to be decided by the appropriate
Government.
Serial Component of compensation
Manner of
Date of
No.
package in respect of
determination
determination
land acquired under the Act
of value
of value
(1)
(2)
(3)
(4)
1
Market value of land
2
Factor by which the market
value is to be multiplied in
the case of rural areas
3
Factor by which the market
value is to be multiplied in
the case of urban areas
4
Value of assets attached to
land or building
5
Solatium
To be determined as
provided under section 26.
1.00 (One) to 2.00 (Two)
based on the distance of
project from urban area,
as may be notified by the
appropriate Government.
1 (One)
To be determined as
provided under section 29.
Equivalent
to
one
hundred per cent. of the
market value of land
mentioned against serial
number 1 multiplied by
the
factor
specified
against serial number 2
for rural areas or serial
68
.
6
Final award in rural areas
7
Final award in urban areas
8.
Other component, if any,
to be included
Note.—The date on which values mentioned under column (2) are determined
should be indicated under column (4) against each serial number.
(1)
(2)
(3)
(4)
number 3 for urban areas
plus value of assets
attached to land or
building against serial
number 4 under column (2).
Market value of land
mentioned against serial
number 1 Multiplied by
the
factor
specified
against serial number 2
plus value of assets
attached to land or
building
mentioned
against serial number 4
under column (2) plus
solatium mentioned
against serial number 5
under column (2).
Market value of land
mentioned against serial
number 1 multiplied by
the factor specified
against serial number 3
plus value of assets
a t t a c h e d t o l a n d o r
building
mentioned
against serial number 4
under column (2) plus
solatium mentioned
against serial number 5
under column (2).
69
THE SECOND SCHEDULE
[See sections, 31 (1), 38, (1) and 105 (3)]
ELEMENTS OF REHABILITATION AND RESETTLEMENT ENTITLEMENTS FOR ALL THE
AFFECTED FAMILIES (BOTH LAND OWNERS AND THE FAMILIES WHOSE LIVELIHOOD IS
PRIMARILY DEPENDENT ON LAND ACQUIRED) IN ADDITION TO THOSE PROVIDED IN THE
FIRST SCHEDULE.
Serial
Elements of Rehabilitation
Entitlement/
Whether
No.
and Resettlement
provision
provided
Entitlements
or not (if
provided,
details to
be given)
(1)
(2)
(3)
(4)
1.
Provision of housing units
in case of displacement
(1) If a house is lost in
rural areas, a constructed
house shall be provided
as per the Indira Awas
Yojana specifications. If
a house is lost in urban
areas, a constructed house
shall be provided, which
will be not less than 50
sq. mts in plinth area.
(2) The benefits listed
above shall also be
extended to any affected
family which is without
homestead land and
which has been residing
in the area continuously
for a period of not less
than
three
years
preceding the date of
notification
of
the
affected area and which
has been involuntarily
displaced from such
area:
70
Provided that any such
family in urban areas
which opts not to take
the house offered, shall
get a one-time financial
assistance for house
construction, which shall
not be less than one
lakh
fifty
thousand
rupees:
Provided further that if
any affected family in
rual areas so prefers, the
equivalent cost of the
house may be offered in
lieu of the constructed
house:
Provided also that no
family
affected
by
acquisition shall be
given more than one
house
under
the
provisions of this Act.
E x p l a n a t i o n . — T h e
houses in urban areas
may, if necessary, be
provided in multi-storied
building complexes.
In the case of irrigation
project,
as
far
as
possible and in lieu of
compensation
to
be
paid for land acquired,
each affected family
owning agricultural land
in the affected area and
whose land has been
2
Land for Land
(1)
(2)
(3)
(4)
71
acquired or lost, or who
has, as a consequence of
the acquisition or loss of
land, been reduced to the
status of a marginal
farmer or landless, shall
be allotted, in the name
of each person included in
the records of rights with
regard to the affected
family, a minimum of one
acre of land in
the
command area of the
project for which the land
is acquired:
Provided that in every
project those persons
losing land and belonging
to the Scheduled Castes
or the Scheduled Tribes
will be provided land
equivalent to land acquired
or two and a one-half
acres, whichever is lower.
In case the land is
acquired for urbanisation
purposes, twenty per cent.
of the developed land will
be reserved and offered to
land
owning
project
affected
families,
in
proportion to the area of
their land acquired and at
a price equal to the cost
of acquisition and the cost
of development:
3
Offer for Developed Land
(1)
(2)
(3)
(4)
72
4
Choice of Annuity or
Employment
Provided that in case the
land
owning
project
affected family wishes to
avail of this offer, an
equivalent amount will be
deducted from the land
acquisition compensation
package payable to it.
The appropriate Govern-
ment shall ensure that the
affected
families
are
provided with the following
options :
(a) where jobs are created
through the project, after
providing suitable training
and skill development in
the required field, make
provision for employment at
a rate not lower than the
minimum wages provided
for in any other law for the
time being in force, to at
least one member per
affected family in the
project or arrange for a job
in such other project as
may be required ; or
(b) one time payment of
five lakhs rupees per
affected family; or
(1)
(2)
(3)
(4)
73
G. 25/2014/DTP (30).
5
Subsistence grant for
displaced families for a
period of one year
(c) annuity policies that
shall pay not less than
two thousand rupees
per month per family for
twenty
years,
with
appropriate indexation to
the Consumer Price
Index for Agricultural
Labourers.
Each affected family
which is displaced from
the land acquired shall
be given a monthly
subsistence allowance
equivalent
to
three
thousand rupees per
month for a period of
one year from the date
of award.
In addition to this
amount, the Scheduled
C a s t e s
a n d
t h e
S c h e d u l e d T r i b e s
d i s p l a c e d
f r o m
Scheduled Areas shall
receive
an
amount
e q u i v a l e n t t o f i f t y
thousand rupees.
In cases of displacement
from the Scheduled
Areas,
as
far
as
possible, the affected
families
shall
be
relocated in a similar
ecological zone, so as
t o
p r e s e r v e
t h e
economic opportunities,
language, culture and
community life of the
tribal communities.
(1)
(2)
(3)
(4)
74
6
Transportation cost for
displaced families
7
Cattle shed/petty shops
cost
8
One-time grant to artisan,
small traders and certain
others
Each affected family
which is displaced shall
get a one-time financial
assistance
of
fifty
thousand
rupees
as
transportation cost for
shifting of the family,
building materials, belong-
ings and cattle.
Each affected family
having cattle or having a
petty shop shall get one-
time financial assistance
of such amount as the
appropriate Government
may, by notification,
specify subject to a
minimum of twenty-five
thousand
rupees
for
construction of cattle
shed or petty shop as the
case may be.
Each affected family of an
artisan, small trader or
self-employed person or
an affected family which
owned non-agricultural
land
or
commercial,
industrial or institutional
structure in the affected
area, and which has been
involuntarily displaced
from the affected area due
to land acquisition, shall
(1)
(2)
(3)
(4)
75
get one-time financial
assistance of such amount
a s t h e a p p r o p r i a t e
Government may, by
notification, specify
subject to a minimum of
twenty-five
thousand
rupees.
In cases of irrigation or
hydel
projects,
the
affected families may be
allowed fishing rights in
the reservoirs, in such
manner
as
may
be
p r e s c r i b e d b y t h e
appropriate Government.
Each affected family shall
be given a one-time
“Resettlement Allowance”
of fifty thousand rupees
only.
(1) The stamp duty and
other fees payable for
registration of the land or
house allotted to the
affected families shall be
borne by the Requiring
Body.
(2) The land for house
allotted to the affected
families shall be free from
all encumbrances.
(3) The land or house
allotted may be in the
joint names of wife and
husband of the affected
family.
9
Fishing rights
10
One-time Resettlement
Allowance
11
Stamp duty and
registration fee
(1)
(2)
(3)
(4)
76
THE THIRD SCHEDULE
[See sections 32, 38 (1) and 105 (3)]
PROVISION OF INFRASTRUCTURAL AMENITIES
For resettlement of populations, the following infrastructural facilities and
basic minimum amenities are to be provided at the cost of the Requisitioning
Authority to ensure that the resettled population in the new village or colony
can secure for themselves a reasonable standard of community life and can
attempt to minimise the trauma involved in displacement.
A reasonably habitable and planned settlement would have, as a minimum,
the following facilities and resources, as appropriate:
Serial
Component of infrastructure amenities
Details of
No.
provided/proposed to be provided
infrastructure
by the acquirer of land
amenities
provided by
the acquirer
of land
(1)
(2)
(3)
1.
Roads within the resettled villages and an all-
weather road link to the nearest pucca road,
passages and easement rights for all the resettled
families be adequately arranged.
2.
Proper drainage as well as sanitation plans
executed before physical resettlement.
3.
One or more assured sources of safe drinking
water for each family as per the norms prescribed
by the Government of India.
4.
Provision of drinking water for cattle.
5.
Grazing land as per proportion acceptable in the
State.
77
6.
A reasonable number of Fair Price Shops.
7.
Panchayat Ghars, as appropriate.
8.
Village level Post Offices, as appropriate, with
facilities for opening saving accounts.
9.
Appropriate seed-cum-fertilizer storage facility if
needed.
10.
Efforts must be made to provide basic irrigation
facilities to the agricultural land allocated to the
resettled families if not from the irrigation project,
then by developing a co-operative or under some
Government scheme or special assistance.
11.
All new villages established for resettlement of
the displaced persons shall be provided with
suitable transport facility which must include
public transport facilities through local bus
services with the nearby growth centres/urban
localities.
12.
Burial or cremation ground, depending on the
caste-communities at the site and their practices.
13.
Facilities for sanitation, including individual toilet
points.
14.
Individual single electric connections (or
connection through non-conventional sources of
energy like solar energy), for each household and
for public lighting.
15.
Anganwadi’s providing child and mother
supplemental nutritional services.
(1)
(2)
(3)
78
16.
School as per the provisions of the Right of
Children to Free and Compulsory Education
Act, 2009 (35 of 2009);
17.
Sub-health centre within two kilometres range.
18.
Primary Health Centre as prescribed by the
Government of India.
19.
Play ground for children.
20.
One community centre for every hundred
families.
21.
Places of worship and chowpal/tree platform
for every fifty families for community assembly,
of numbers and dimensions consonant with the
affected area.
22.
Separate land must be earmarked for traditional
tribal institutions.
23.
The forest dweller families must be provided,
where possible, with their forest rights on non-
timber forest produce and common property
resources, if available close to the new place
of settlement and, in case any such family can
continue their access or entry to such forest or
common property in the area close to the place
of eviction, they must continue to enjoy their
earlier rights to the aforesaid sources of
livelihood.
24.
Appropriate security arrangements must be
provided for the settlement, if needed.
25.
Veterinary service centre as per norms.
(1)
(2)
(3)
Note.—Details of each component of infrastructural amenities mentioned under
column (2) against serial numbers 1 to 25 should be indicated by the
acquirer of land under column (3).
79
THE FOURTH SCHEDULE
(See section 105)
LIST OF ENACTMENTS REGULATING LAND ACQUISITION AND
REHABILITATION AND RESETTLEMENT
1.
The Ancient Monuments and Archaeological Sites and Remains Act, 1958
(24 of 1958).
2.
The Atomic Energy Act, 1962 (33 of 1962).
3.
The Damodar Valley Corporation Act, 1948 (14 of 1948).
4.
The Indian Tramways Act, 1886 (11 of 1886).
5.
The Land Acquisition (Mines) Act, 1885 (18 of 1885).
6.
The Metro Railways (Construction of Works) Act, 1978 (33 of 1978).
7.
The National Highways Act, 1956 (48 of 1956).
8.
The Petroleum and Minerals Pipelines (Acquisition of Right of User in
Land) Act, 1962 (50 of 1962).
9.
The Requisitioning and Acquisition of Immovable Property Act, 1952
(30 of 1952).
10.
The Resettlement of Displaced Persons (Land Acquisition) Act, 1948
(60 of 1948).
11.
The Coal Bearing Areas Acquisition and Development Act, 1957
(20 of 1957).
12.
The Electricity Act, 2003 (36 of 2003).
13.
The Railways Act, 1989 (24 of 1989).
80