© GOVERNMENT OF TAMIL NADU 2018
[Regd. No. TN/CCN/467/2012-14.
[R. Dis. No. 197/2009.
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| TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY EXTRAORDINARY | ||
No. 83] CHENNAI, FRIDAY, MARCH 2, 2018 Maasi 18, Hevilambi, Thiruvalluvar Aandu-2049
Part II—Section 2
Notifications or Orders of interest to a Section of the public
issued by Secretariat Departments.
NOTIFICATIONS BY GOVERNMENT
INDUSTRIES DEPARTMENT
Secretariat, 2nd March 2018
No. II(2)/IND/204(f)/2018.
[INDUSTRIES – DETERMINATION OF FINAL AMOUNT OF COMPENSATION TO THE LAND OWNERS BY APPLYING THE MULTIPLIER FACTORS IN THE TAMIL NADU ACQUISITION OF LAND FOR INDUSTRIAL PURPOSES ACT, 1997 (TAMIL NADU ACT 10 OF 1999) BY VIRTUE OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 (CENTRAL ACT 30 OF 2013) – ORDERS – ISSUED.]
The following Government order is published:—
[G.O.Ms.No. 13, Industries (Sipcot-LA), 21st February 2018, மாசி 9, ஹேவிளம்பி, திருவள்ளுவர் ஆண்டு-2049.] READ:
1. G.O. (Ms.) No.88, Revenue [LA-1(1)] Department, dated 21-02-2014.
2. G.O. (Ms.) No.45, Industries (SIPCOT-LA) Department, dated 14-05-2014.
3. G.O. (Ms.) No.251, Industries (SIPCOT-LA) Department, dated 31-12-2014.
4. G.O. (Ms.) No.298, Revenue and Disaster Management [LA-I(1)] Department, dated 20-09-2017.
5. G.O. (Ms.) No.300, Revenue and Disaster Management [LA-I(1)] Department, dated 20-09-2017.
6. The Tamil Nadu Government Gazette (Extraordinary) Issue No.300, dated 21-09-2017.
7. From the Additional Chief Secretary/Commissioner of Land Administration, D.O. Letter No.M2/27011/2013, dated 10-10-2017.
8. From the Additional Chief Secretary/Commissioner of Land Administration, Circular Rc. No.22464/2017, dated 13-11-2017.
9. From the Additional Chief Secretary/Commissioner of Land Administration, Letter No.M2/27011/2013, dated 25-11-2017.
10. From the Additional Chief Secretary/Commissioner of Land Administration, Letter No.M2/22464/2017, dated 12-12-2017.
11. From the Managing Director, SIPCOT, Letter No.LA/RFCTLARR Rules 2017/2017, dated 18-12-2017 and 03-01-2018.
II-2 Ex. (83)
[ 1 ]2 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Order: No. 13, Industries, 21st February 2018.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) came into force with effect from 01-01-2014 by repealing the erstwhile Land Acquisition Act, 1894 (Central Act 1 of 1894).
2. The Government of Tamil Nadu have enacted three special State Acts, namely, (1) the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978) (2) The Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (Tamil Nadu Act 10 of 1999) and (3) The Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002) for regulating the land acquisition exclusively for Harijan Welfare Schemes, industrial purposes and for the purposes of any highway respectively in the State of Tamil Nadu.
3. Section 105 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 enable to continue acquisition of land under the 13 Central enactments specifi ed in the Fourth Schedule and cast a duty upon the Central Government to issue a notifi cation within a period of one year from the date of commencement of this Act to apply any of the provisions of this Act relating to determination of compensation in accordance with the First Schedule and rehabilitation and resettlement specifi ed in the Second and Third Schedules with or without modifi cations or exceptions as specifi ed in that section to the above said enactments specifi ed in the Fourth Schedule.
4. The Government of Tamil Nadu considered it necessary to continue acquisition of land under the three special State Acts specifi ed in para 2 above, as it has been done in Section 105 of the Central Act 30 of 2013 in the case of Central Acts relating to land acquisition specifi ed in the Fourth Schedule to the Central Act 30 of 2013 and decided to amend the Central Act 30 of 2013 in its application to the State of Tamil Nadu. Accordingly, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Act, 2014 (Tamil Nadu Act 1 of 2015) was enacted to insert a new section, viz. Section 105-A, and also the Fifth Schedule consisting of the above said three State Acts. The above Amendment Act has been given retrospective effect from 1-1-2014.
5. In the meanwhile, when the above said Amendment Act was pending for assent by the President, orders were issued in G.O. 2nd read above that interim compensation for all cases where acquisition of land is taken up under the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (Tamil Nadu Act 10 of 1999) should be determined based on the procedure already in vogue, subject to additional compensation being paid as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
6. Subsequently, during December 2014, pending assent to the above said Amendment Act by the President, in G.O. 3rd read above, orders were issued that the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 relating to determination of compensation in accordance with the First Schedule and rehabilitation and resettlement specifi ed in the Second and Third Schedules, being benefi cial to the affected families, shall apply to the cases of land acquisition where the notice under Section 3(2) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 published on or after 01-01-2014.
7. In G.O 4th read above, orders were issued for framing the State Rules, viz. the Tamil Nadu Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2017 under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013), in which the urban area has been defi ned under rule 2(1)(n).
8. In G.O. 5th read above, orders were issued for notifying the multiplier factor by which the market value shall be multiplied in case the project is situated in rural areas under Section 26(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 read with the provisions against Serial No.2 of the First Schedule of this Act, as specifi ed in the table below:-
Distance of the Project from Urban Areas Factor by which the market value to be multiplied
Sl.
No.
(1)
(2)
(3)
1. Within 30 Kilometres
1.25
2. Beyond 30 kilometres and within 50 Kilometres 1.50
3. Beyond 50 Kilometres
2.00
The same was published in Tamil Nadu Government Gazette as 6th read above.
9. In his letter 7th and 9th read above, the Additional Chief Secretary/Commissioner of Land Administration has recommended that pending issue of required Amendments to the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 and the Rules thereunder, the Government in Industries Department may issue orders on determination of fi nal amount of compensation (Final Award) to be paid to the land owners for the cases where the interim compensation has been approved by Government as in G.O. 2nd read above, in line with the Tamil Nadu Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2017 and the multiplier factor approved by the Government as inTAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 3 5th read above and also the instructions issued by them in Circular 8th read above for determination of market value under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
10. The Government after careful examination have decided to accept the recommendation of Commissioner of Land Administration and accordingly issue orders on determination of fi nal amount of compensation (Final Award) to be paid to the land owners as follows:-
(a) While determining the compensation amount, in cases where the interim compensation has been fi xed and allowed earlier with reference to the orders issued in G.O. (Ms.) No.45, Industries (SIPCOT-LA) Department, dated 14-05-2014, in accordance with the First Schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013), the compensation a m o u n t (Final) shall be determined by multiplier factor and the factor by which the market value shall be multiplied in case the project is situated in rural areas shall be as specifi ed in the table below:-
Sl. No. Distance of the Project from Urban Areas Factor by which the market value to be
multiplied
(1)
(2)
(3)
1. Within 30 Kilometres
1.25
2. Beyond 30 kilometres and within 50 Kilometres 1.50
3. Beyond 50 Kilometres
2.00
The factor by which the market value is to be multiplied in the case of urban areas shall be 1 (one) as notifi ed in Sl. No.3 of First Schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
'Urban Area' means:-
(i) The area (including village panchayats) lying within the territorial limits of the Chennai Metropolitan Development Authority (CMDA);
(ii) Municipal Corporations having a population of 5 lakhs and above as per 2011 census (i.e. Madurai, Tiruchirappalli, Salem, Coimbatore and Tirunelveli Municipal Corporations, except Chennai City Municipal Corporation) and the area (including village panchayats) that falls within 8 kilometres distance from the limits of the said Municipal Corporations;
(iii) All other Municipal Corporations, Municipalities, Town Panchayats, Cantonments and Townships; and (iv) Any other area that may be notifi ed as urban area by the State Government from time to time.
(b) With regard to determination of market value in accordance with the First Schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the instructions contained in the Circular and Letter in the references 8th and 10th cited above respectively issued by the Additional Chief Secretary/Commissioner of Land Administration shall be adopted for guidance.
(By order of the Governor)
K. GNANADESIKAN, Additional Chief Secretary to Government. PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU