Section 105: Provisions of the Act Not to Apply in Certain Cases or to Apply with Modifications
Section 105 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) deals with land acquisition under the special enactments listed in the Fourth Schedule. It creates an exception to the general application of the 2013 Act, while protecting specified compensation, rehabilitation, resettlement and infrastructure benefits.
What Section 105 Means
Section 105 must be read together with the Fourth Schedule and Section 106. Under sub-section (1), the RFCTLARR Act does not generally apply to land acquisition under the enactments listed in the Fourth Schedule, but this exclusion is expressly subject to sub-section (3). Sub-section (2) authorises the Central Government, subject to Section 106(2), to add to or omit enactments from the Fourth Schedule by notification.
Sub-section (3) protects beneficial provisions concerning compensation under the First Schedule and rehabilitation and resettlement under the Second and Third Schedules. The provision does not permit an exception or modification that reduces compensation or dilutes the statutory protection relating to compensation or rehabilitation and resettlement.
Text of Section 105
105. Provisions of this Act not to apply in certain cases or to apply with certain modifications.
(1) Subject to sub-section (3), the provisions of this Act shall not apply to the enactments relating to land acquisition specified in the Fourth Schedule.
(2) Subject to sub-section (2) of section 106, the Central Government may, by notification, omit or add to any of the enactments specified in the Fourth Schedule.
(3) The Central Government shall, by notification, within one year from the date of commencement of this Act, direct that any of the provisions of this Act relating to the determination of compensation in accordance with the First Schedule and rehabilitation and resettlement specified in the Second and Third Schedules, being beneficial to the affected families, shall apply to the cases of land acquisition under the enactments specified in the Fourth Schedule or shall apply with such exceptions or modifications that do not reduce the compensation or dilute the provisions of this Act relating to compensation or rehabilitation and resettlement as may be specified in the notification, as the case may be.
(4) A copy of every notification proposed to be issued under sub-section (3), shall be laid in draft before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the Houses of Parliament.
Fourth Schedule Enactments
The Fourth Schedule identifies special Central enactments regulating acquisition of land and related matters. Section 105 applies in relation to these enactments:
- Ancient Monuments and Archaeological Sites and Remains Act, 1958
- Atomic Energy Act, 1962
- Damodar Valley Corporation Act, 1948
- Indian Tramways Act, 1886
- Land Acquisition (Mines) Act, 1885
- Metro Railways (Construction of Works) Act, 1978
- National Highways Act, 1956
- Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962
- Requisitioning and Acquisition of Immovable Property Act, 1952
- Resettlement of Displaced Persons (Land Acquisition) Act, 1948
- Coal Bearing Areas Acquisition and Development Act, 1957
- Electricity Act, 2003
- Railways Act, 1989
Key Legal Effect of the 2015 Order
The 2015 Removal of Difficulties Order is important because the Fourth Schedule exclusion does not mean that affected families lose the beneficial compensation and rehabilitation framework identified by the Order. For acquisitions governed by a Fourth Schedule enactment, the applicable special enactment continues to govern the acquisition process, while the specified RFCTLARR benefits apply as directed by the Central Government.
First Schedule
The First Schedule concerns the statutory framework for determination of compensation. Section 105(3) expressly protects beneficial compensation provisions and prohibits modifications that reduce compensation.
Second Schedule
The Second Schedule sets out rehabilitation and resettlement entitlements for affected families. The 2015 Order extends these rehabilitation and resettlement provisions to acquisitions under the Fourth Schedule enactments.
Third Schedule
The Third Schedule deals with infrastructure amenities in resettlement areas. These amenities are also expressly covered by the 2015 Order.
Related Provisions
Section 106 - Power to amend Schedule: the Central Government may amend or alter the Schedules by notification, but cannot reduce compensation or dilute the provisions relating to compensation or rehabilitation and resettlement. A proposed notification under Section 106(1) is subject to the parliamentary procedure in Section 106(2).
Section 107 - More beneficial State law: a State may enact a law that enhances entitlements, provides higher compensation, or gives rehabilitation and resettlement benefits more favourable than those under the RFCTLARR Act.
Section 108 - Option for better State benefits: where a State law or policy offers higher compensation or more beneficial rehabilitation and resettlement, affected persons may opt for those better benefits in accordance with the section.
Official Legal Resources
Last reviewed: 3 October 2026. This page is an informational presentation of Section 105 and related legal materials. For a particular acquisition, the governing special enactment, applicable Central or State notifications, rules and judicial decisions should also be examined.