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Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (30 of 2013)

Publication details: New Delhi Law Publishing Co. Pvt. Ltd. 2013Description: xi,58,6pSubject(s):
DDC classification:
  • 343.0252
Contents:
CONTENTS Comparative Table of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) and the Land Acquisition Act, 1894 (1 .O.f 1984) Introduction vi Sections 1 CHAPTER I PRELIMINARY 1. Short title, extent and commencement 6 2. Application of Act 6 3. Definitions 8 CHAPTER II DETERMINATION OF SOCIAL IMP ACT AND PUBLIC PURPOSE A.-PRELIMINARY INVESTIGATION FOR DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE 4. Preparation of Social Impact Assessment Study 12 5. Public hearing for Social Impact Assessment 14 6. Publication of Social Impact Assessment study 14 B.-APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT GROUP 7. Appraisal of Social Impact Assessment report by An Expert Group . 14 8. Examination of proposals for land acquisition and the Social Impact Assessment report by appropriate Government 15 9. Exemption from Social Impact Assessment 16 CHAPTER III SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY 10. Special provision to safeguard food security 16 CHAPTER IV NOTIFICATION AND ACQUISITION 11. Publication of preliminary notification and power of officers thereupon 17 12. Preliminary survey of land and power of officers to carryout survey 18 13. Payment for damage 18 14. Lapse of Social Impact Assessment Report 18 15. Hearing of objections 19 16. Preparation of Rehabilitation and Resettlement Scheme bythe Administrator 19 17. Review of the Rehabilitation and Resettlement Scheme 20 18. Approved Rehabilitation and Resettlement Scheme to be made public 20 19.Publication of declaration and simunary of Rehabilitationand Resettlement 20 20. Land to -be marked out, measured and planned including marking of specific areas 22 21.Notice to persons interested 22 22.Power to require and enforce the making of statements as to names and interests 22 23.Enquiry and land acquisition award by Collector 23 24.Land acquisition process under Act No. 1 of 1894 shall be deemed to have lapsed in certain cases 23 25.Period within which an award shall be made 24 26.Determination of market value of land by Collector 24 27.Determination of amount of compensation 25 28.Parameters to be considered by Collector in determination of award 25 29.Determination of value of things attached to land or building 26 30.Award of solatium 26 CHAPTER V REHABILITATION AND RESETTLEMENT AWARD 31. Rehabilitation and Resettlement award for affected families by Collector26 32. Provision of infrastructural amenities in resettlement area 27 33 .Corrections to awards by Collector 27 34.Adjournment of enquiry 28 35. Power to summon and enforce attendance of witnesses and production of documents 28 36. Power to call for records, etc. 28 37. Awards of Collector when to be final 28 38. Power to take possession of land to be acquired 29 3 9. Additional compensation in case of multiple displacements 29 40. Special powers in case of urgency to acquire land in certain cases 29 41. Special provisions for Scheduled Castes and Scheduled Tribes 30 42 . Reservation and other benefits 31 CHAPTER VIPROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT 43. Appointment of Administrator 31 44. Commissioner for rehabilitation and resettlement 32 45. Rehabilitation and resettlement committee at project level 32 46. Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons 32 47. Quantification and deposit of rehabilitation and resettlement amount 33 CHAPTER VIINATIONAL MONITORING COMMimE FOR REHABILITATION AND RESETTLEMENT 48. Establishment of National Monitoring Committee for rehabilitation and resettlement 34 49. Reporting requirements 34 50. Establishment of State Monitoring Committee for rehabilitation and resettlement 34 CHAPTER VIII ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY 5 1. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority 34 52. Composition of Authority 35 53. Qualifications for appointment as Presiding Officer 35 54. Terms of office of Presiding Officer 35 55. Staff of Authority 35 56. Salary and allowances and other terms and conditions of service of Presiding Officers 35 57. Filling up of vacancies 35 58. Resignation and removal 36 59 . Orders constituting Authority to be final and not to invalidate its proceedings 36 60. Powers of Authority and procedure before it 36 61. Proceedings before Authority to be judicial proceedings 37 62 . Members and officers of Authority to be public servants 37 63. Jurisdiction of civil courts barred 37 64. Reference to Authority 37 65. Collector's statement to Authority 38 66. Service of notice by Authority 38 67. Restriction on scope of proceedings 38 68. Proceedings to be in public 38 69. Determination of award by Authority 38 70. Form of award 39 71 . Costs 39 72 . Collector may be directed to pay interest on excess compensation 39 73. Re-determination of amount cl compensation on the basis of the award of the Authority 39 74. Appeal to High Court 40 CHAPTE,R IX APPORTIONMENT OF COMPENSATION 75. Particulars of apportionment to be specified 40 76. Dispute as to apportionment 40 CHAPTER X PAYMENT 77. Payment of compensation or deposit of same in Authority 41 78. Investment of money deposited in respect of lands belonging to person incompetent to alienate 41 79. Investment of money deposited in other cases 42 80. Payment of interest 42 CHAPTER XI TEMPORARY OCCUPATION OF LAND 81. Temporary occupation of waste 01 arable land, procedure when difference as to compensation exists 42 82. Power to enter and take possession and compensation on restoration 43 83. Difference as to condition of land 43 CHAPTER XII OFFENCES AND PENALTIES 84. Punishment for false information, mala fide action, etc. 43 85. Penalty for contravention of provisions of Act 43 86. Offences by companies 43 87. Offences by Government departments 44 88. Cognizance of offences by court 44 89. Offences to be non-cognizable 44 90. Offences to be cognizable only on complaint filed by certain persons 44 CHAPTER XIII MISCELLANEOUS 91. Magistrate to enforce surrender 44 92. Service of notice 45 93. Completion of acquisition not compulsory, but compensation to be awarded when not completed 45 94. Acquisition of part of house or building 45 95 . Acquisition of land at cost of a local authority or Requiring Body 46 96. Exemption from income-tax, stamp duty and fees 46 97. Acceptance of certified copy as evidence 46 98. Notice in case of suits for anything done in pursuance of Act . 46 99. No change of plirpose to be allowed 46 100. No change of ownership without permission to be allowed 47 101. Return of unutilised land 47 102. Difference in price of land when transferred for higher consideration to be shared 47 103. Provisions to be in a-ddition to existing laws 47 104. Option of appropriate Government to lease 47 105. Pro;,lsirins- of this Act not to apply in certain cases or to apply With ~ertain modifications 47 106. Power to amend Schedule 48 107. Power of State LegiSlatures to enact any law more beneficial to affected families 48 108. Option to affected families to avail better compensation and rehabilitation and resettlement 48 109. Power of appropriate Government to make rules 49 110. Rules made by Central Government to be laid before Parliament50 111. Rules made by State Government to be laid before State Legislature 50 112. Previous publication of rules made by Central and State Government 50 113. Power to remove difficulties 50 114. Repeal and saving 50 THE FIRST SCHEDULE.-Compensation for land owners 51 THE SECOND SCHEDULE.-Elements of rehabilitation and resettlement entitlements for all the affected families(both land owners and the families whoselivelihood is primarily dependent on land acquired) in addition to those provided in the first schedule 52 THE THIRD SCHEDULE.-Provision of infrastructural amenities 56 THE FOURTH SCHEDULE.-List of enactments regulating land acquisition and rehabilitation and resettlement. 58
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CONTENTS
Comparative Table of the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013)
and the Land Acquisition Act, 1894 (1 .O.f 1984)
Introduction vi
Sections 1
CHAPTER I PRELIMINARY
1. Short title, extent and commencement 6
2. Application of Act 6
3. Definitions 8
CHAPTER II DETERMINATION OF SOCIAL IMP ACT AND PUBLIC PURPOSE
A.-PRELIMINARY INVESTIGATION FOR DETERMINATION
OF SOCIAL IMPACT AND PUBLIC PURPOSE
4. Preparation of Social Impact Assessment Study 12
5. Public hearing for Social Impact Assessment 14
6. Publication of Social Impact Assessment study 14
B.-APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT GROUP
7. Appraisal of Social Impact Assessment report by An Expert Group . 14
8. Examination of proposals for land acquisition and the Social
Impact Assessment report by appropriate Government 15
9. Exemption from Social Impact Assessment 16
CHAPTER III SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY
10. Special provision to safeguard food security 16
CHAPTER IV NOTIFICATION AND ACQUISITION
11. Publication of preliminary notification and power of officers thereupon 17
12. Preliminary survey of land and power of officers to carryout survey 18
13. Payment for damage 18
14. Lapse of Social Impact Assessment Report 18
15. Hearing of objections 19
16. Preparation of Rehabilitation and Resettlement
Scheme bythe Administrator 19
17. Review of the Rehabilitation and Resettlement Scheme 20
18. Approved Rehabilitation and Resettlement Scheme to be made public 20
19.Publication of declaration and simunary of Rehabilitationand Resettlement 20
20. Land to -be marked out, measured and planned including
marking of specific areas 22
21.Notice to persons interested 22
22.Power to require and enforce the making of
statements as to names and interests 22
23.Enquiry and land acquisition award by Collector 23
24.Land acquisition process under Act No. 1 of 1894
shall be deemed to have lapsed in certain cases 23
25.Period within which an award shall be made 24
26.Determination of market value of land by Collector 24
27.Determination of amount of compensation 25
28.Parameters to be considered by Collector in determination of award 25
29.Determination of value of things attached to land or building 26
30.Award of solatium 26
CHAPTER V REHABILITATION AND RESETTLEMENT AWARD
31. Rehabilitation and Resettlement award for affected families by Collector26
32. Provision of infrastructural amenities in resettlement area 27
33 .Corrections to awards by Collector 27
34.Adjournment of enquiry 28
35. Power to summon and enforce attendance of witnesses and
production of documents 28
36. Power to call for records, etc. 28
37. Awards of Collector when to be final 28
38. Power to take possession of land to be acquired 29
3 9. Additional compensation in case of multiple displacements 29
40. Special powers in case of urgency to acquire land in certain cases 29
41. Special provisions for Scheduled Castes and Scheduled Tribes 30
42 . Reservation and other benefits 31
CHAPTER VIPROCEDURE AND MANNER OF REHABILITATION
AND RESETTLEMENT
43. Appointment of Administrator 31
44. Commissioner for rehabilitation and resettlement 32
45. Rehabilitation and resettlement committee at project level 32
46. Provisions relating to rehabilitation and resettlement to apply
in case of certain persons other than specified persons 32
47. Quantification and deposit of rehabilitation and resettlement amount 33
CHAPTER VIINATIONAL MONITORING COMMimE FOR
REHABILITATION AND RESETTLEMENT
48. Establishment of National Monitoring Committee for rehabilitation
and resettlement 34
49. Reporting requirements 34
50. Establishment of State Monitoring Committee for rehabilitation
and resettlement 34
CHAPTER VIII ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION
AND RESETTLEMENT AUTHORITY
5 1. Establishment of Land Acquisition, Rehabilitation and
Resettlement Authority 34
52. Composition of Authority 35
53. Qualifications for appointment as Presiding Officer 35
54. Terms of office of Presiding Officer 35
55. Staff of Authority 35
56. Salary and allowances and other terms and conditions of service
of Presiding Officers 35
57. Filling up of vacancies 35
58. Resignation and removal 36
59 . Orders constituting Authority to be final and not to invalidate
its proceedings 36
60. Powers of Authority and procedure before it 36
61. Proceedings before Authority to be judicial proceedings 37
62 . Members and officers of Authority to be public servants 37
63. Jurisdiction of civil courts barred 37
64. Reference to Authority 37
65. Collector's statement to Authority 38
66. Service of notice by Authority 38
67. Restriction on scope of proceedings 38
68. Proceedings to be in public 38
69. Determination of award by Authority 38
70. Form of award 39
71 . Costs 39
72 . Collector may be directed to pay
interest on excess compensation 39
73. Re-determination of amount cl compensation
on the basis of the award of the Authority 39
74. Appeal to High Court 40
CHAPTE,R IX APPORTIONMENT OF COMPENSATION
75. Particulars of apportionment to be specified 40
76. Dispute as to apportionment 40
CHAPTER X PAYMENT
77. Payment of compensation or deposit of same in Authority 41
78. Investment of money deposited in respect of lands belonging to
person incompetent to alienate 41
79. Investment of money deposited in other cases 42
80. Payment of interest 42
CHAPTER XI TEMPORARY OCCUPATION OF LAND
81. Temporary occupation of waste 01 arable land, procedure
when difference as to compensation exists 42
82. Power to enter and take possession and compensation
on restoration 43
83. Difference as to condition of land 43
CHAPTER XII OFFENCES AND PENALTIES
84. Punishment for false information, mala fide action, etc. 43
85. Penalty for contravention of provisions of Act 43
86. Offences by companies 43
87. Offences by Government departments 44
88. Cognizance of offences by court 44
89. Offences to be non-cognizable 44
90. Offences to be cognizable only on complaint
filed by certain persons 44
CHAPTER XIII MISCELLANEOUS
91. Magistrate to enforce surrender 44
92. Service of notice 45
93. Completion of acquisition not compulsory, but compensation
to be awarded when not completed 45
94. Acquisition of part of house or building 45
95 . Acquisition of land at cost of a local authority or Requiring Body 46
96. Exemption from income-tax, stamp duty and fees 46
97. Acceptance of certified copy as evidence 46
98. Notice in case of suits for anything done in pursuance of Act . 46
99. No change of plirpose to be allowed 46
100. No change of ownership without permission to be allowed 47
101. Return of unutilised land 47
102. Difference in price of land when transferred for higher
consideration to be shared 47
103. Provisions to be in a-ddition to existing laws 47
104. Option of appropriate Government to lease 47
105. Pro;,lsirins- of this Act not to apply in certain cases or to
apply With ~ertain modifications 47
106. Power to amend Schedule 48
107. Power of State LegiSlatures to enact any law more beneficial
to affected families 48
108. Option to affected families to avail better compensation
and rehabilitation and resettlement 48
109. Power of appropriate Government to make rules 49
110. Rules made by Central Government to be laid before Parliament50
111. Rules made by State Government to
be laid before State Legislature 50
112. Previous publication of rules made
by Central and State Government 50
113. Power to remove difficulties 50
114. Repeal and saving 50
THE FIRST SCHEDULE.-Compensation for land owners 51
THE SECOND SCHEDULE.-Elements of rehabilitation and resettlement
entitlements for all the affected families(both land owners and the families whoselivelihood is primarily dependent on land
acquired) in addition to those provided in the first schedule 52
THE THIRD SCHEDULE.-Provision of infrastructural amenities 56
THE FOURTH SCHEDULE.-List of enactments regulating land acquisition
and rehabilitation and resettlement. 58

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