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L. A. BILL No. VII OF 2018.
A BILL
further to amend the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013,
in its application to the State of Maharashtra.
WHEREAS, it is expedient further to amend the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, in its application to the State of Maharashtra, for
the purposes hereinafter appearing; it is hereby enacted in the Sixty-ninth
Year of the Republic of India as follows :—
1.
This Act may be called the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
(Maharashtra Amendment) Act, 2018.
Short title.
30 of
2013.
(1)
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MAHARASHTRA LEGISLATURE SECRETARIAT
The following Bill was introduced in the Maharashtra Legislative Assembly on the
9th March, 2018 is published under Rule 117 of the Maharashtra Legislative Assembly
Rules :—
RNI No. MAHBIL /2009/40123
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2.
In section 2 of the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013, in its
application to the State of Maharashtra (hereinafter referred to as “the
principal Act”), in sub-section (2), after the second proviso, the following
proviso shall be added, namely :—
“ Provided also that, the acquisition of land for the projects listed
in section 10A and the purposes specified therein, shall be exempted
from the provisions of the first proviso to this sub-section.”.
3.
After section 10 of the principal Act, the following section shall be
inserted, namely :—
“10A. The State Government may, in the public interest, by
notification in the Official Gazette, exempt any of the following projects
from the application of the provisions of Chapter II and Chapter III of
this Act, namely :—
(a) such projects vital to national security or defence of India
and every part thereof, including preparation for defence or defence
production ;
(b) rural infrastructure including irrigation and electrification ;
(c) affordable housing and housing for the poor people ;
(d) industrial area or industrial estate set up by the State
Government and its undertaking ;
(e) industrial corridor set up by the State Government and its
undertaking (in which case the land shall be acquired up to one
kilometre on both sides of designated railway line or roads for such
industrial corridor) ; and
(f) infrastructure projects including projects under public-
private partnership where the ownership of land continues to vest
with the Government :
Provided that, the State Government shall, before issue of
notification, ensure the extent of land for the proposed acquisition
keeping in view the bare minimum land required for such project.
4.
After section 23 of the principal Act, the following section shall be
inserted, namely :—
“ 23A. (1) Notwithstanding anything contained in section 23, if at
any stage of the proceedings, the Collector is satisfied that all the persons
interested in the land who appeared before him have agreed in writing
on the matters to be included in the award of the Collector in the form
prescribed by rules made by the State Government, he may, without
making further enquiry, make an award according to the terms of such
agreement.
(2) The determination of compensation for any land under sub-
section (1) shall not in any way affect the determination of compensation
in respect of other lands in the same locality or elsewhere in accordance
with the other provisions of this Act.
Amendment of
section 2 of Act
30 of 2013.
Insertion of a
new section
10A in Act
30 of 2013.
30 of
2013.
Power of
State
Government
to exempt
certain
projects.
Insertion of a
new section
23A in Act
30 of 2013.
Award of
Collector
without
enquiry in case
of agreement of
interested
persons.
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(3) Notwithstanding anything contained in the Registration Act,
1908, no agreement made under sub-section (1) shall be liable to
registration under that Act.”.
5.
In section 24 of the principal Act, in sub-section (2), after the proviso,
the following proviso shall be added, namely :—
“Provided further that, in computing the period referred to in this
sub-section, any period or periods during which the proceedings for
acquisition of the land were held up on account of any stay or injunction
issued by any court or the period specified in the award of a Tribunal for
taking possession or such period where possession has been taken but
the compensation is lying deposited in a court or in any designated
account maintained for this purpose on account of refusal or not coming
forward for receiving compensation despite receipt of such notice under
sub-section (2) of section 12 of the Land Acquisition Act, 1894, shall be
excluded. Also if the said land is mutated within three years after passing
the award in the name of acquiring body, it shall be deemed that the
possession of the land has been taken.”.
6.
After section 31 of the principal Act, the following section shall be
inserted, namely :—
“ 31A. Notwithstanding anything contained in this Act, it shall be
competent for the State Government to pay, whenever the land is to be
aquired for its own use amounting to less than one hundred acres or
whenever the land is to be acquired in case of projects which are linear
in nature as referred to the proviso to sub-section (4) of section 10, as
Rehabilitation and Resettlement cost, such lump sum amount equal to
fifty per cent. of the amount of compensation as determined under section
27 to the affected families.”.
7.
In section 40 of the principal Act, in sub-section (2), after the words
“approval of Parliament”, the words “or to comply with the directions given
by the Central Government to the State Government” shall be added.
8.
In section 46 of the principal Act, in sub-section (6), in the
Explanation, in clause (b), sub-clauses (i) and (ii) shall be deleted.
9.
For section 87 of the principal Act, the following section shall be
substituted, namely :—
“87. Where any offence under this Act has been committed by any
person who is or was employed in the Central Government or the State
Government, as the case may be, at the time of commission of such alleged
offence, the court shall take cognizance of such offence provided the
procedure laid down in section 197 of the Code of Criminal Procedure,
1973, in its application to the State of Maharashtra, is followed.”.
Amendment
of section 24
of Act 30 of
2013.
16 of
1908.
Insertion of a
new section
31A in Act
30 of 2013.
Payment of
lump sum
amount by
State
Government
for its linear
nature
projects.
Amendment
of section 40
of Act 30 of
2013.
Amendment
of section 46
of Act 30 of
2013.
Substitution
of section 87
of Act 30 of
2013.
Offences by
Government
Officials.
2 of
1974.
I of
1894.
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10.
After section 105 of the principal Act, the following section shall
be inserted, namely :—
“105-A. (1) Subject to sub-section (2), the provisions of this Act shall
not apply to acquisition of land under the enactments specified in the
Fifth Schedule.
(2) The State Government may, by notification, within one year from
the date of commencement of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
(Maharashtra Amendment) Act, 2018, 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 Fifth Schedule or shall apply with such exceptions or
modifications that do not reduce the compensation or dilute the
provisions of this Act relating to the compensation, rehabilitation and
resettlement as may be specified in the notification, as the case may be :
Provided that, no such notification shall be issued except on a
resolution passed by both Houses of the State Legislature.”.
11.
After the Fourth Schedule to the principal Act, the following
Schedule shall be added, namely :—
“ THE FIFTH SCHEDULE
(See section 105-A)
LIST OF MAHARASHTRA ENACTMENTS REGULATING LAND
ACQUISITION IN THE STATE OF MAHARASHTRA
1. The Maharashtra Highways Act (LV of 1955).
2. The Maharashtra Industrial Development Act, 1961 (Mah. III of 1962).
3. The Maharashtra Regional and Town Planning Act, 1966 (Mah.
XXXVII of 1966).
4. The Maharashtra Housing and Area Development Act, 1976 (Mah.
XXVIII of 1977).”
Insertion of a
new section
105A in Act
30 of 2013.
Provisions of
this Act not to
apply to certain
Maharashtra
Acts or to apply
with certain
modifications.
Mah. . . .
of 2018.
Addition of
FIFTH
SCHEDULE
in Act 30 of
2013.
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STATEMENT OF OBJECTS AND REASONS.
The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (30 of 2013) has been enacted by
the Parliament to provide for uniform process in land acquisition and for
ensuring just and fair compensation to the persons whose lands are acquired.
2.
In the State of Maharashtra, certain State Acts, such as the
Maharashtra Highways Act (LV of 1955), the Maharashtra Industrial
Development Act, 1961(Mah. III of 1962), the Maharashtra Regional and Town
Planning Act, 1966 (Mah. XXXVII of 1966), the Maharashtra Housing and
Area Development Act, 1976 (Mah. XXVIII of 1977), etc., also contain certain
provisions for acquisition of lands. However, as the provisions relating to
compensation for acquisition of lands under those Acts are different, it is
necessary to ensure that those provisions are brought in alignment with the
provisions of the said Act of 2013.
3.
To ensure that the acquisition of land under the said State Acts for
the development projects, with a view to achieve the objectives of the said
Acts, is made in an effective and speedy manner, which will further accelerate
the economic development of the State, it is considered expedient to amend
the said Act of 2013, in its application to the State of Maharashtra, suitably
and to enable the State Government to provide that the provisions of the Act
of 2013 shall apply to the acquisition proceedings under the said State
enactments, with such modifications as may be deemed fit. It is also considered
expedient to ensure that the persons whose lands are acquired under the
said State enactments, continue to get fair compensation for the acquisition
of the lands thereunder.
4.
To achieve speedy social and economic development, it is felt
necessary that the process of land acquisition, especially for development
projects ought to be expeditious, smooth and unhindered but without
impairing the rights of the persons whose lands are acquired. With a view to
achieve the aforesaid objectives certain amendments are also proposed, the
salient features of which are, inter alia, as under :—
(i) Facilitate the passing of an award by the Collector on the basis
of an agreement of all the persons interested in the land, and dispensing
with the requirement of registration of such an agreement under the
Registration Act, 1908 (16 of 1908) ;
(ii) Rationalise the provisions of sub-section (2) of section 24 of the
said Act of 2013, to address the practical situations, by adding a proviso
thereto ;
(iii) Facilitate the payment of lump-sum compensation, as
rehabilitation and resettlement cost for acquisition for the State
Government or for the projects which are linear in nature.
5.
The Bill seeks to achieve the above objectives.
Mumbai,
CHANDRAKANT (DADA) PATIL,
dated the 7th March 2018.
Minister for Revenue.
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MEMORANDUM REGARDING DELEGATED LEGISLATION.
The Bill involves the following proposals for delegation of legislative
power, namely :—
Clause 3.—Under this clause, which seeks to insert a new section
10A, power is taken to the State Government to exempt, by notification
in the Official Gazette, the projects specified in the said new section 10 A,
from the application of the provisions of Chapter II and Chapter III.
Clause 4.—Under this clause, power is taken to the State
Government to prescribe by rules, the form in which the Collector may
make the award.
Clause 10.—Under this clause, which seeks to insert a new section
105A, power is taken to the State Government to issue a notification
directing that the provisions of the Act relating to compensation,
rehabilitation and resettlement shall apply with such exceptions or
modifications that do not dilute the provisions of the principal Act
relating to compensation, rehabilitation and resettlement.
2. The above-mentioned proposals for delegation of legislative power
are of a normal character.
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FINANCIAL MEMORANDUM.
The Bill provides for amendment of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013,
in its application to the State of Maharashtra, to achieve speedy social and
economic development, by making the process of land acquisition, especially
for development projects expeditious, smooth and unhindered but without
impairing the rights of the persons whose lands are acquired.
Certain non-recurring expenditure will have to be incurred from the
Consolidated Fund of the State towards the payment of compensation for
such acquisition of land. However, the amount of compensation would vary
in accordance with the project undertaken. As such, it is not possible at this
stage to give an estimate of actual expenditure that may have to be incurred
in this behalf from the Consolidated Fund of the State.
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GOVERNOR’S RECOMMENDATION UNDER ARTICLE 207 OF THE
CONSTITUTION OF INDIA
(Copy of Government of Maharashtra Order, Law and Judiciary
Department)
In exercise of the power conferred upon him by clause (3) of Article 207
of the Constitution of India, the Governor of Maharashtra is pleased to
recommend to the Maharashtra Legislative Assembly, the consideration of
the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement (Maharashtra Amendment) Bill, 2018.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI,
PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE
OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI
PARSHURAM JAGANNATH GOSAVI.
Vidhan Bhavan :
DR. ANANT KALSE,
Mumbai,
Principal Secretary,
dated the 9th March 2018.
Maharashtra Legislative Assembly.