Section 42 Land Acquisition Act 2013 - Reservation and Other Benefits
Section 42 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 protects Scheduled Caste and Scheduled Tribe benefits after displacement and resettlement. It continues reservation benefits in the resettlement area, preserves statutory safeguards for certain Scheduled Tribe families relocated outside Fifth Schedule or Sixth Schedule areas, and provides monetary treatment of settled community rights under the Forest Rights Act, 2006.
Section 42 - Reservation and other benefits
(1) All benefits, including the reservation benefits available to the Scheduled Tribes and the Scheduled Castes in the affected areas shall continue in the resettlement area.
(2) Whenever the affected families belonging to the Scheduled Tribes who are residing in the Scheduled Areas referred to in the Fifth Schedule or the tribal areas referred to in the Sixth Schedule to the Constitution are relocated outside those areas, than, all the statutory safeguards, entitlements and benefits being enjoyed by them under this Act shall be extended to the area to which they are resettled regardless of whether the resettlement area is a Scheduled Area referred to in the said Fifth Schedule, or a tribal area referred to in the said Sixth Schedule, or not.
(3) Where the community rights have been settled under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, the same shall be quantified in monetary amount and be paid to the individual concerned who has been displaced due to the acquisition of land in proportion with his share in such community rights.
Meaning and purpose of Section 42
Section 42 is a continuity provision. Its purpose is to prevent displacement through land acquisition from causing Scheduled Caste or Scheduled Tribe families to lose benefits and statutory protections that were available in the affected area. The provision operates as part of the wider rehabilitation and resettlement safeguards under the 2013 Act.
- Reservation and other benefits available to Scheduled Tribes and Scheduled Castes in the affected area continue in the resettlement area.
- Scheduled Tribe families relocated from Fifth Schedule Scheduled Areas or Sixth Schedule tribal areas retain the statutory safeguards, entitlements and benefits provided by the Act even if the new resettlement area does not itself have that constitutional status.
- Settled community rights under the Forest Rights Act, 2006 must be quantified in monetary terms where the statutory conditions apply.
- The displaced individual is paid according to his share in those community rights.
Continuation of reservation benefits
Section 42(1) expressly provides that all benefits, including reservation benefits, available to Scheduled Tribes and Scheduled Castes in the affected area shall continue in the resettlement area. The statutory language therefore protects continuity of benefits when acquisition results in resettlement.
Fifth Schedule and Sixth Schedule protections
The Fifth Schedule to the Constitution concerns administration and control of Scheduled Areas and Scheduled Tribes, while the Sixth Schedule contains special arrangements for administration of tribal areas in specified north-eastern States. Section 42(2) addresses Scheduled Tribe families residing in areas covered by these constitutional protections who are relocated outside those areas.
Under Section 42(2), the statutory safeguards, entitlements and benefits enjoyed under the RFCTLARR Act extend to the new resettlement area even where that new area is not itself a Fifth Schedule Scheduled Area or a Sixth Schedule tribal area.
Community rights under the Forest Rights Act, 2006
Section 42(3) applies where community rights have been settled under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. Such community rights are to be quantified in monetary terms and paid to the individual displaced by acquisition in proportion to that individual's share in the community rights.
What are community forest rights?
The Forest Rights Act, 2006 recognises specified individual and community forest rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers, subject to its provisions and the statutory recognition process. For Section 42(3) of the RFCTLARR Act, the relevant community rights must have been settled under that Act before their monetary quantification and proportionate payment can be addressed.
Relationship with Section 41
Section 42 should be read with Section 41, which contains special provisions for Scheduled Castes and Scheduled Tribes, including safeguards concerning acquisition in Scheduled Areas, prior consent, Development Plans, compensation installments, resettlement, community facilities, alienated land, fishing rights and additional benefits for relocation outside the district.
Meaning of affected family and resettlement area
Section 3 of the RFCTLARR Act contains definitions used throughout the Act, including "affected family" and "resettlement area". These definitions are relevant when determining the persons and locations to which the rehabilitation and resettlement provisions apply.
Official legal sources
For the current Central Act and authoritative statutory material, refer to India Code. The Department of Land Resources administers the Central land acquisition framework, while the Ministry of Tribal Affairs provides official material concerning the Forest Rights Act and tribal safeguards. Applicable State amendments, rules and acquisition-specific notifications should also be checked.
Note: This article explains the Central provision generally. The benefits available in an individual case depend on the facts, constitutional status of the relevant areas, recognised rights, applicable State law, rules and notifications.
Updated: October 2026