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1

MAHARASHTRA ACT No. XXXVII of 2018.

(First published, after having received the assent of the President in the

“Maharashtra Government Gazette”, on the 26th April 2018).

An Act 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.

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In pursuance of clause (3) of article 348 of the Constitution of India, the following translation

in English of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement (Maharashtra Amendment) Act, 2018 (Mah. Act. No. XXXVII of 2018), is hereby

published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT,

I/c. Secretary (Legislation) to Government,

Law and Judiciary Department.

———————

RNI No. MAHENG /2009/35528

(1)

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2

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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

(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.

4

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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.

XXXVII

of 2018.

Addition of

FIFTH

SCHEDULE

in Act 30 of

2013.

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 PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.