Section 84 Land Acquisition Act 2013: Punishment for False Information and Mala Fide Action
Section 84 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) forms part of Chapter XII, "Offences and Penalties". It addresses false or misleading information, false documents, fraudulent claims for rehabilitation and resettlement benefits, and mala fide action by Government servants.
What Section 84 Provides
The provision creates three distinct consequences. Sub-section (1) concerns a person who supplies false or misleading information or produces a false document in connection with a requirement or direction under the Act. Sub-section (2) permits recovery of rehabilitation and resettlement benefits obtained through a false claim or fraudulent means. Sub-section (3) deals with disciplinary proceedings against a Government servant proved guilty of mala fide action concerning a provision of the Act.
Section 84(1): False or Misleading Information and False Documents
Legal effect: A person who, in connection with a requirement or direction under the Act, provides false or misleading information or produces a false document may be punished with imprisonment of either description for a term extending to six months, or with a fine extending to Rs. 1,00,000, or with both.
The statutory language links the prohibited conduct to a requirement or direction under the RFCTLARR Act. The provision covers both inaccurate or misleading information and the production of a false document.
Section 84(2): Recovery of Fraudulently Obtained R and R Benefits
Where a rehabilitation and resettlement benefit has been obtained by making a false claim or through fraudulent means, the benefit is liable to be recovered by the appropriate Government in the manner prescribed.
In this context, "rehabilitation and resettlement" refers to the benefits and measures provided under the statutory framework for affected families and other eligible persons. The recovery provision operates in addition to the criminal consequence described in sub-section (1) where its ingredients are satisfied.
Section 84(3): Mala Fide Action by a Government Servant
The disciplinary authority may initiate disciplinary proceedings against a Government servant. If the Government servant is proved guilty of mala fide action in respect of any provision of the Act, the disciplinary authority may impose such punishment, including a fine, as it decides.
Key Requirements and Consequences at a Glance
- False information: The information must be connected with a requirement or direction under the Act.
- False document: Producing a false document in that statutory context is expressly covered.
- Maximum punishment under sub-section (1): Up to six months' imprisonment, or fine up to Rs. 1,00,000, or both.
- Fraudulent R and R benefit: A benefit obtained by false claim or fraudulent means is recoverable by the appropriate Government as prescribed.
- Government servants: Proven mala fide action can lead to disciplinary punishment, including a fine.
Related Offence Provisions
Section 84 should be read with the other provisions in Chapter XII. Section 85 deals with contravention of provisions relating to compensation or rehabilitation and resettlement; Section 86 concerns offences by companies; Section 87 concerns offences by Government departments; and Sections 88 to 90 address cognizance, non-cognizable offences, and complaints by specified persons.
Official Statutory Sources
For authoritative statutory text and current official material, consult the India Code text of the RFCTLARR Act, 2013 and the Department of Land Resources, which administers matters relating to the Act at the Union level.
Legal information: This page provides a general explanation of Section 84. Application of the provision to a particular acquisition, claim, document, public servant, or proceeding depends on the facts and the applicable Central and State rules.