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.

2

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;

13

(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.

37

(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.

40

(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.

48

(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.

56

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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G. 25/2014/DTP (30).

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.

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(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