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Bare Acts

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

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.

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Act Details

Act Number:

30

Act Year:

2013

Location:

Chhattisgarh

Enactment Date:

9/26/2013

Enforcement Date:

01-01-2014

Department:

Department of REVENUE AND DISASTER MANAGEMENT

All Section List (Land Acquisition (Fair Compensation))

PRELIMINARY

Section 1 to Section 3

Section 1

Short title, extent and commencement.

Section 2

Application of Act.

Section 3

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

Section 4 to Section 6

Section 4

Preparation of Social Impact Assessment study.

Section 5

Public hearing for Social Impact Assessment.

Section 6

Publication of Social Impact Assessment study.

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

Section 7 to Section 9

Section 7

Appraisal of Social Impact Assessment report by an Expert Group.

Section 8

Examination of proposals for land acquisition and Social Impact Assessment report by appropriate Government.

Section 9

Exemption from Social Impact Assessment.

SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY

Section 10

Section 10

Special provision to safeguard food security.

NOTIFICATION AND ACQUISITION

Section 11 to Section 30

Section 11

Publication of preliminary notification and power of officers thereupon.

Section 12

Preliminary survey of land and power of officers to carry out survey.

Section 13

Payment for damage.

Section 14

Lapse of Social Impact Assessment report.

Section 15

Hearing of objections.

Section 16

Preparation of Rehabilitation and Resettlement Scheme by the Administrator.

Section 17

Review of the Rehabilitation and Resettlement Scheme.

Section 18

Approved Rehabilitation and Resettlement Scheme to be made public.

Section 19

Publication of declaration and summary of Rehabilitation and Resettlement.

Section 20

Land to be marked out, measured and planned including marking of specific areas.

Section 21

Notice to persons interested.

Section 22

Power to require and enforce the making of statements as to names and interests.

Section 23

Enquiry and land acquisition award by Collector.

Section 24

Land acquisition process under Act No. 1 of 1984 shall be deemed to have lapsed in certain cases.

Section 25

Period within which an award shall be made.

Section 26

Determination of market value of land by Collector.

Section 27

Determination of amount of compensation.

Section 28

Parameters to be considered by Collector in determination of award.

Section 29

Determination of value of things attached to land or building.

Section 30

Award of solatium.

REHABILITATION AND RESETTLEMENT AWARD

Section 31 to Section 42

Section 31

Rehabilitation and Resettlement Award for affected families by Collector.

Section 32

Provision of infrastructural amenities in resettlement area.

Section 33

Corrections to awards by Collector.

Section 34

Adjournment of enquiry.

Section 35

Power to summon and enforce attendance of witnesses and production of documents.

Section 36

Power to call for records, etc.

Section 37

Awards of Collector when to be final.

Section 38

Power to take possession of land to be acquired.

Section 39

Additional compensation in case of multiple displacements.

Section 40

Special powers in case of urgency to acquire land in certain cases.

Section 41

Special provisions for Scheduled Castes and Scheduled Tribes.

Section 42

Reservation and other benefits.

PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT

Section 43 to Section 47

Section 43

Appointment of Administrator.

Section 44

Commissioner for rehabilitation and resettlement.

Section 45

Rehabilitation and resettlement committee at project level.

Section 46

Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons.

Section 47

Quantification and deposit of rehabilitation and resettlement amount.

NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT

Section 48 to Section 50

Section 48

Establishment of National Monitoring Committee for rehabilitation and resettlement.

Section 49

Reporting requirements.

Section 50

Establishment of State Monitoring Committee for rehabilitation and resettlement.

ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY

Section 51 to Section 74

Section 51

Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.

Section 52

Composition of Authority.

Section 53

Qualifications for appointment as Presiding Officer.

Section 54

Terms of office of Presiding Officer.

Section 55

Staff of Authority.

Section 56

Salary and allowances and other terms and conditions of service of Presiding Officers.

Section 57

Filling up of vacancies.

Section 58

Resignation and removal.

Section 59

Orders constituting Authority to be final and not to invalidate its proceedings.

Section 60

Powers of Authority and procedure before it.

Section 61

Proceedings before Authority to be judicial proceedings.

Section 62

Members and officers of Authority to be public servants.

Section 63

Jurisdiction of civil courts barred.

Section 64

Reference to Authority.

Section 65

Collector?s statement to Authority.

Section 66

Service of notice by Authority.

Section 67

Restriction on scope of proceedings.

Section 68

Proceedings to be in public.

Section 69

Determination of award by Authority.

Section 70

Section 71

Section 72

Collector may be directed to pay interest on excess compensation.

Section 73

Re-determination of amount of compensation on the basis of the award of the Authority.

Section 74

Appeal to High Court.

APPORTIONMENT OF COMPENSATION

Section 75 to Section 76

Section 75

Particulars of apportionment to be specified.

Section 76

Dispute as to apportionment.

PAYMENT

Section 77 to Section 80

Section 77

Payment of compensation or deposit of same in Authority.

Section 78

Investment of money deposited in respect of lands belonging to person incompetent to alienate

Section 79

Investment of money deposited in other cases.

Section 80

Payment of interest.

TEMPORARY OCCUPATION OF LAND

Section 81 to Section 83

Section 81

Temporary occupation of waste or arable land, procedure when difference as to compensation exists

Section 82

Power to enter and take possession and compensation on restoration.

Section 83

Difference as to condition of land.

OFFENCES AND PENALTIES

Section 84 to Section 90

Section 84

Punishment for false information, mala fide action, etc.

Section 85

Penalty for contravention of provisions of Act.

Section 86

Offences by companies.

Section 87

Offences by Government departments.

Section 88

Cognizance of offences by court.

Section 89

Offences to be non-cognizable.

Section 90

Offences to be cognizable only on complaint filed by certain persons.

MISCELLANEOUS

Section 91 to Section 114

Section 91

Magistrate to enforce surrender.

Section 92

Service of notice.

Section 93

Completion of acquisition not compulsory, but compensation to be awarded when not completed.

Section 94

Acquisition of part of house or building.

Section 95

Acquisition of land at cost of a local authority or Requiring Body.

Section 96

Exemption from income-tax, stamp duty and fees.

Section 97

Acceptance of certified copy as evidence.

Section 98

Notice in case of suits for anything done in pursuance of Act.

Section 99

No change of purpose to be allowed.

Section 100

No change of ownership without permission to be allowed.

Section 101

Return of unutilised land.

Section 102

Difference in price of land when transferred for higher consideration to be shared.

Section 103

Provisions to be in addition to existing laws.

Section 104

Option of appropriate Government to lease.

Section 105

Provisions of this Act not to apply in certain cases or to apply with certain modifications.

Section 106

Power to amend Schedule.

Section 107

Power of State Legislatures to enact any law more beneficial to affected families.

Section 108

Option to affected families to avail better compensation and rehabilitation and resettlement.

Section 109

Power of appropriate Government to make rules.

Section 110

Rules made by Central Government to be laid before Parliament.

Section 111

Rules made by State Government to be laid before State Legislature.

Section 112

Previous publication of rules made by Central and State Government.

Section 113

Power to remove difficulties.

Section 114

Repeal and saving.