THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013

ACT No. 30 OF 2013 · Enacted [26th September, 2013.] · 114 sections

PRELIMINARY

Section 1.Short title, extent and commencement.

Section 2.Application of Act.

Section 3.Definitions.

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

Section 4.Preparation of Social Impact Assessment study.

Section 5.Public hearing for Social Impact Assessment.

Section 6.Publication of Social Impact Assessment study.

DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE — B.—APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT GROUP

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.Special provision to safeguard food security.

NOTIFICATION AND ACQUISITION

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.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.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.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.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.Form of award.

Section 71.Costs.

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.Particulars of apportionment to be specified.

Section 76.Dispute as to apportionment.

PAYMENT

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.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.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.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.