Section 41 Land Acquisition Act 2013 - Special Provisions for Scheduled Castes and Scheduled Tribes
Section 41 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides special safeguards where acquisition affects Scheduled Castes and Scheduled Tribes. It gives particular protection to Scheduled Areas and contains requirements concerning consent, development plans, compensation, resettlement, community facilities, restoration of unlawfully alienated land rights, fishing rights and additional benefits where families are relocated outside the district.
Section 41 - Special provisions for Scheduled Castes and Scheduled Tribes
(1) As far as possible, no acquisition of land shall be made in the Scheduled Areas.
(2) Where such acquisition does take place it shall be done only as a demonstrable last resort.
(3) In case of acquisition or alienation of any land in the Scheduled Areas, the prior consent of the concerned Gram Sabha or the Panchayats or the autonomous District Councils, at the appropriate level in Scheduled Areas under the Fifth Schedule to the Constitution, as the case may be, shall be obtained, in all cases of land acquisition in such areas, including acquisition in case of urgency, before issue of a notification under this Act, or any other Central Act or a State Act for the time being in force:
Provided that the consent of the Panchayats or the Autonomous District Councils shall be obtained in cases where the Gram Sabha does not exist or has not been constituted.
(4) In case of a project involving land acquisition on behalf of a Requiring Body which involves involuntary displacement of the Scheduled Castes or the Scheduled Tribes families, a Development Plan shall be prepared, in such form as may be prescribed laying down the details of procedure for settling land rights due, but not settled and restoring titles of the Scheduled Tribes as well as the Scheduled Castes on the alienated land by undertaking a special drive together with land acquisition.
(5) The Development Plan shall also contain a programme for development of alternate fuel, fodder and non-timber forest produce resources on non-forest lands within a period of five years, sufficient to meet the requirements of tribal communities as well as the Scheduled Castes.
(6) In case of land being acquired from members of the Scheduled Castes or the Scheduled Tribes, at least one-third of the compensation amount due shall be paid to the affected families initially as first installment and the rest shall be paid after taking over of the possession of the land.
(7) The affected families of the Scheduled Tribes shall be resettled preferably in the same Scheduled Area in a compact block so that they can retain their ethnic, linguistic and cultural identity.
(8) The resettlement areas predominantly inhabited by the Scheduled Castes and the Scheduled Tribes shall get land, to such extent as may be decided by the appropriate Government free of cost for community and social gatherings.
(9) Any alienation of tribal lands or lands belonging to members of the Scheduled Castes in disregard of the laws and regulations for the time being in force shall be treated as null and void, and in the case of acquisition of such lands, the rehabilitation and resettlement benefits shall be made available to the original tribal land owners or land owners belonging to the Scheduled Castes.
(10) The affected Scheduled Tribes, other traditional forest dwellers and the Scheduled Castes having fishing rights in a river or pond or dam in the affected area shall be given fishing rights in the reservoir area of the irrigation or hydel projects.
(11) Where the affected families belonging to the Scheduled Castes and the Scheduled Tribes are relocated outside of the district, then, they shall be paid an additional twenty-five per cent. rehabilitation and resettlement benefits to which they are entitled in monetary terms along with a one-time entitlement of fifty thousand rupees.
Protection against acquisition in Scheduled Areas
Section 41 begins with a strong protective rule: as far as possible, land should not be acquired in Scheduled Areas. If acquisition nevertheless takes place, it must be a demonstrable last resort. These requirements reflect the special statutory protection given to communities and land in Scheduled Areas.
- Avoid acquisition in Scheduled Areas as far as possible.
- Where acquisition occurs, it must be a demonstrable last resort.
- Prior consent of the appropriate Gram Sabha, Panchayat or autonomous District Council is required for acquisition or alienation in Scheduled Areas as specified in sub-section (3).
- A Development Plan is required where a Requiring Body project involuntarily displaces Scheduled Caste or Scheduled Tribe families.
- At least one-third of compensation due for land acquired from Scheduled Caste or Scheduled Tribe members must be paid initially as the first installment.
- Scheduled Tribe families should preferably be resettled in the same Scheduled Area in a compact block.
- Special protections apply to community land, unlawfully alienated land, fishing rights and relocation outside the district.
Meaning of Scheduled Areas
Scheduled Areas are areas receiving special constitutional protection under the Fifth Schedule to the Constitution of India. Section 41 expressly connects its consent requirement with the institutional arrangements applicable in Scheduled Areas. The status and territorial extent of a Scheduled Area should be verified from the applicable constitutional orders and official notifications.
Prior consent of Gram Sabha, Panchayat or District Council
For acquisition or alienation of land in Scheduled Areas, Section 41(3) requires prior consent at the appropriate level before issue of the relevant acquisition notification, including in urgency cases. Where a Gram Sabha does not exist or has not been constituted, the proviso requires consent of the Panchayat or Autonomous District Council, as applicable.
Development Plan for affected SC and ST families
Where a project for a Requiring Body involves involuntary displacement of Scheduled Caste or Scheduled Tribe families, Section 41(4) requires a Development Plan in the prescribed form. It must address settlement of land rights that are due but unsettled and restoration of titles on alienated land through a special drive undertaken together with the acquisition.
Section 41(5) further requires the Development Plan to include a five-year programme for developing alternate fuel, fodder and non-timber forest produce resources on non-forest land sufficient to meet the requirements of tribal communities and Scheduled Castes.
Compensation payment safeguard
Where land is acquired from members of the Scheduled Castes or Scheduled Tribes, Section 41(6) requires at least one-third of the compensation due to be paid initially as the first installment. The balance is payable after possession of the land is taken.
Resettlement and cultural identity
Section 41(7) states that affected Scheduled Tribe families should preferably be resettled in the same Scheduled Area in a compact block so that their ethnic, linguistic and cultural identity can be retained. Section 41(8) separately requires free land, to the extent decided by the appropriate Government, for community and social gatherings in resettlement areas predominantly inhabited by Scheduled Castes and Scheduled Tribes.
Unlawful alienation of SC and tribal land
Section 41(9) treats alienation of tribal land or land belonging to Scheduled Caste members in disregard of applicable laws and regulations as null and void. If such land is acquired, rehabilitation and resettlement benefits are to be provided to the original tribal or Scheduled Caste land owners.
Fishing rights in reservoir areas
Under Section 41(10), affected Scheduled Tribes, other traditional forest dwellers and Scheduled Castes who have fishing rights in a river, pond or dam in the affected area are to receive fishing rights in the reservoir area of irrigation or hydel projects.
Relocation outside the district
If affected Scheduled Caste or Scheduled Tribe families are relocated outside the district, Section 41(11) provides an additional twenty-five per cent of the rehabilitation and resettlement benefits payable in monetary terms, together with a one-time entitlement of fifty thousand rupees.
Related constitutional and statutory protections
Section 41 operates alongside constitutional safeguards for Scheduled Areas and applicable laws governing local self-government, tribal land and forest rights. Depending on the location and facts, relevant legislation may include the Panchayats (Extension to the Scheduled Areas) Act, 1996 and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, as well as State laws and regulations protecting tribal land.
Official legal sources
For authoritative Central legislation and current official material, refer to India Code, the Department of Land Resources and the Ministry of Tribal Affairs. Acquisition-specific State amendments, rules, Scheduled Area notifications and local land protection laws should also be verified.
Note: This article explains the Central provision generally. Rights and procedures in a particular acquisition depend on the applicable constitutional orders, State laws, rules, notifications and the facts of the case.
Updated: October 2026