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LAND ACQUISITION ACT 1894

 

 

 

 

 

 

 

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

CHAPTER I

PRELIMINARY

Section 1 "Short Title, Extent and Commencement"

(I) This Act may be called the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:

Provided that the Central Government shall appoint such date within .three months from the date on which the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rill, 2013 receives the assent of the President.

Section 2 Application of Act

Section 3 Definitions

CHAPTER II

DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE

A. PRELIMINARY INVESTIGATION

Section 4 Preparation of Social Impact Assessment Study

Section 5 Public hearing of Social Impact Assessment

Section 6 Publication of Social Impact Assessment Study

B. APPRAISAL OF SOCIAL IMPACT ASSESSMENT 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

CHAPTER III

SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY

Section 10 Special Provision to safeguard Food Security

CHAPTER IV

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 of 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 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 tile 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 1894 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 for determination of award

Section 29 Determination of value of things attached to land or building

Section 30 Award of solatium

CHAPTER V

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 witness and production of documents

Section 36 Power to call for records

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 Provision for Scheduled Castes and Scheduled Tribes

Section 42 Reservation and other benefits

CHAPTER VI

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

CHAPTER VII

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

CHAPTER VIII

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 Qualification 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 Power 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 collectors 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

CHAPTER IX

APPORTIONMENT OF COMPENSATION

Section 75 Particulars of apportionment to be specified

Section 76 Disputes as to apportionment

CHAPTER X

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

CHAPTER XI

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

CHAPTER XII

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

CHAPTER XIII

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 unutilized land

Section 102 Difference in price of land when transferred for higher consideration to be shared

103 Provisions to be an 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 legislature 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 Legislature

Section 112 Previous publication of rules made by Central and State Government

Section 113, Power to remove difficulties

Section 114 Repeal and Saving

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

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

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

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