The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Land Acquisition (Fair Compensation)CENTRAL ACT

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.

Act Number

30

Enactment

2013-09-26

State

Chhattisgarh

Downloads

हिंदी

PRELIMINARY

Section 1Short title, extent and commencement.Section 2Application of Act.Section 3Definitions.

A.--PRELIMINARY INVESTIGATION FOR DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE

Section 4Preparation of Social Impact Assessment study.Section 5Public hearing for Social Impact Assessment.Section 6Publication of Social Impact Assessment study.

B.--APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT GROUP

Section 7Appraisal of Social Impact Assessment report by an Expert Group.Section 8Examination of proposals for land acquisition and Social Impact Assessment report by appropriate Government.Section 9Exemption from Social Impact Assessment.

SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY

Section 10Special provision to safeguard food security.

NOTIFICATION AND ACQUISITION

Section 11Publication of preliminary notification and power of officers thereupon.Section 12Preliminary survey of land and power of officers to carry out survey.Section 13Payment for damage.Section 14Lapse of Social Impact Assessment report.Section 15Hearing of objections.Section 16Preparation of Rehabilitation and Resettlement Scheme by the Administrator.Section 17Review of the Rehabilitation and Resettlement Scheme.Section 18Approved Rehabilitation and Resettlement Scheme to be made public.Section 19Publication of declaration and summary of Rehabilitation and Resettlement.Section 20Land to be marked out, measured and planned including marking of specific areas.Section 21Notice to persons interested.Section 22Power to require and enforce the making of statements as to names and interests.Section 23Enquiry and land acquisition award by Collector.Section 24Land acquisition process under Act No. 1 of 1984 shall be deemed to have lapsed in certain cases.Section 25Period within which an award shall be made.Section 26Determination of market value of land by Collector.Section 27Determination of amount of compensation.Section 28Parameters to be considered by Collector in determination of award.Section 29Determination of value of things attached to land or building.Section 30Award of solatium.

REHABILITATION AND RESETTLEMENT AWARD

Section 31Rehabilitation and Resettlement Award for affected families by Collector.Section 32Provision of infrastructural amenities in resettlement area.Section 33Corrections to awards by Collector.Section 34Adjournment of enquiry.Section 35Power to summon and enforce attendance of witnesses and production of documents.Section 36Power to call for records, etc.Section 37Awards of Collector when to be final.Section 38Power to take possession of land to be acquired.Section 39Additional compensation in case of multiple displacements.Section 40Special powers in case of urgency to acquire land in certain cases.Section 41Special provisions for Scheduled Castes and Scheduled Tribes.Section 42Reservation and other benefits.

PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT

Section 43Appointment of Administrator.Section 44Commissioner for rehabilitation and resettlement.Section 45Rehabilitation and resettlement committee at project level.Section 46Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons.Section 47Quantification and deposit of rehabilitation and resettlement amount.

NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT

Section 48Establishment of National Monitoring Committee for rehabilitation and resettlement.Section 49Reporting requirements.Section 50Establishment of State Monitoring Committee for rehabilitation and resettlement.

ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY

Section 51Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.Section 52Composition of Authority.Section 53Qualifications for appointment as Presiding Officer.Section 54Terms of office of Presiding Officer.Section 55Staff of Authority.Section 56Salary and allowances and other terms and conditions of service of Presiding Officers.Section 57Filling up of vacancies.Section 58Resignation and removal.Section 59Orders constituting Authority to be final and not to invalidate its proceedings.Section 60Powers of Authority and procedure before it.Section 61Proceedings before Authority to be judicial proceedings.Section 62Members and officers of Authority to be public servants.Section 63Jurisdiction of civil courts barred.Section 64Reference to Authority.Section 65Collector?s statement to Authority.Section 66Service of notice by Authority.Section 67Restriction on scope of proceedings.Section 68Proceedings to be in public.Section 69Determination of award by Authority.Section 70Form of award.Section 71Costs.Section 72Collector may be directed to pay interest on excess compensation.Section 73Re-determination of amount of compensation on the basis of the award of the Authority.Section 74Appeal to High Court.

APPORTIONMENT OF COMPENSATION

Section 75Particulars of apportionment to be specified.Section 76Dispute as to apportionment.

PAYMENT

Section 77Payment of compensation or deposit of same in Authority.Section 78Investment of money deposited in respect of lands belonging to person incompetent to alienate Section 79Investment of money deposited in other cases.Section 80Payment of interest.

TEMPORARY OCCUPATION OF LAND

Section 81Temporary occupation of waste or arable land, procedure when difference as to compensation exists Section 82Power to enter and take possession and compensation on restoration.Section 83Difference as to condition of land.

OFFENCES AND PENALTIES

Section 84Punishment for false information, mala fide action, etc.Section 85Penalty for contravention of provisions of Act.Section 86Offences by companies.Section 87Offences by Government departments.Section 88Cognizance of offences by court.Section 89Offences to be non-cognizable.Section 90Offences to be cognizable only on complaint filed by certain persons.

MISCELLANEOUS

Section 91Magistrate to enforce surrender.Section 92Service of notice.Section 93Completion of acquisition not compulsory, but compensation to be awarded when not completed.Section 94Acquisition of part of house or building.Section 95Acquisition of land at cost of a local authority or Requiring Body.Section 96Exemption from income-tax, stamp duty and fees.Section 97Acceptance of certified copy as evidence.Section 98Notice in case of suits for anything done in pursuance of Act.Section 99No change of purpose to be allowed.Section 100No change of ownership without permission to be allowed.Section 101Return of unutilised land.Section 102Difference in price of land when transferred for higher consideration to be shared.Section 103Provisions to be in addition to existing laws.Section 104Option of appropriate Government to lease.Section 105Provisions of this Act not to apply in certain cases or to apply with certain modifications.Section 106Power to amend Schedule.Section 107Power of State Legislatures to enact any law more beneficial to affected families.Section 108Option to affected families to avail better compensation and rehabilitation and resettlement.Section 109Power of appropriate Government to make rules.Section 110Rules made by Central Government to be laid before Parliament.Section 111Rules made by State Government to be laid before State Legislature.Section 112Previous publication of rules made by Central and State Government.Section 113Power to remove difficulties.Section 114Repeal and saving.