Fourth Schedule of the RFCTLARR Act, 2013: Enactments Regulating Land Acquisition
The Fourth Schedule to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 lists 13 Central enactments regulating land acquisition and rehabilitation and resettlement.
Correct statutory reference: The Fourth Schedule is expressly linked to Section 105 of the RFCTLARR Act, 2013.
Current significance: The Central Government's Removal of Difficulties Order, 2015 extended the RFCTLARR provisions relating to determination of compensation and rehabilitation and resettlement to acquisitions under the enactments specified in the Fourth Schedule, with effect from 1 September 2015.
Section 105 and the Fourth Schedule
Section 105 deals with the application of the RFCTLARR Act to certain enactments specified in the Fourth Schedule. The Schedule identifies the special Central laws under which land acquisition may take place for subjects such as national highways, railways, metro railways, atomic energy, pipelines, coal bearing areas and other specified purposes.
Section 105 must be read with the statutory measures subsequently taken by the Central Government concerning compensation and rehabilitation and resettlement benefits for acquisitions under these Fourth Schedule enactments.
Fourth Schedule - List of 13 Enactments
The Fourth Schedule contains the following enactments regulating land acquisition and rehabilitation and resettlement:
- The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958).
- The Atomic Energy Act, 1962 (33 of 1962).
- The Damodar Valley Corporation Act, 1948 (14 of 1948).
- The Indian Tramways Act, 1886 (11 of 1886).
- The Land Acquisition (Mines) Act, 1885 (18 of 1885).
- The Metro Railways (Construction of Works) Act, 1978 (33 of 1978).
- The National Highways Act, 1956 (48 of 1956).
- The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962).
- The Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952).
- The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (60 of 1948).
- The Coal Bearing Areas Acquisition and Development Act, 1957 (20 of 1957).
- The Electricity Act, 2003 (36 of 2003).
- The Railways Act, 1989 (24 of 1989).
Legal Effect of the Fourth Schedule
The Fourth Schedule is not itself a compensation table. Its function is to identify the special enactments addressed by Section 105. This is important because acquisition proceedings under those enactments continue to be governed by their respective statutory mechanisms, subject to the application of RFCTLARR compensation and rehabilitation and resettlement provisions as provided by law.
RFCTLARR Removal of Difficulties Order, 2015
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Removal of Difficulties) Order, 2015 was issued by the Central Government under Section 113. It provides that the RFCTLARR provisions relating to determination of compensation in accordance with the First Schedule and rehabilitation and resettlement in accordance with the Second and Third Schedules apply to cases of land acquisition under the enactments specified in the Fourth Schedule. The Order took effect from 1 September 2015.
Practical point: For an acquisition under one of the Fourth Schedule enactments, the particular acquisition statute, the RFCTLARR Act, the 2015 Removal of Difficulties Order and any applicable rules, amendments, State amendments or notifications should be examined together.
Key Legal Terms
Under the RFCTLARR framework, land acquisition refers to acquisition of land by the appropriate Government for public purposes and other purposes covered by the Act, subject to its provisions and applicable special enactments.
Rehabilitation and resettlement concerns statutory measures and entitlements intended to address displacement and the social and economic consequences suffered by affected families as a result of acquisition.
Section 3(c) of the RFCTLARR Act defines "affected family" through specified categories of persons and families affected by acquisition, including land owners and certain persons whose livelihoods or rights are affected in the circumstances stated in that provision.
Section 3(r) defines "land owner" for the purposes of the Act and includes persons falling within the categories specified in that clause, including persons whose names are recorded as owners of land or building or part thereof in the records of the authority concerned.
Section 3(e) identifies the Central Government or the State Government as the "appropriate Government" depending on the purpose and authority for which land is acquired, as specified in the provision.
Official Legal Resources
The authoritative text of the RFCTLARR Act, its schedules, amendments and subordinate legislation should be checked on official Government sources before relying on the law in a particular acquisition proceeding.