Section 85 Land Acquisition Act 2013: Penalty for Contravention of Provisions of Act
Section 85 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) is contained in Chapter XII, "Offences and Penalties". It prescribes punishment where a person contravenes provisions of the Act relating to payment of compensation or rehabilitation and resettlement.
What Section 85 Provides
Section 85 - Penalty for contravention of provisions of Act: If any person contravenes any provision relating to payment of compensation or rehabilitation and resettlement, that person is liable to imprisonment for a term of not less than six months, which may extend to three years, or with fine, or with both.
Scope of Section 85
The provision is directed specifically at contraventions connected with two central protections under the RFCTLARR Act: payment of compensation and rehabilitation and resettlement. It is therefore an offence provision intended to support compliance with the statutory duties governing these matters.
Meaning of Compensation
Compensation under the RFCTLARR Act is the monetary amount determined and payable for acquisition in accordance with the statutory framework, including the provisions governing determination of market value, calculation of compensation, the award, and payment or deposit of compensation. Section 85 applies where a contravention concerns provisions relating to such payment.
Meaning of Rehabilitation and Resettlement
Rehabilitation and resettlement refers to the statutory entitlements, benefits and measures provided to eligible affected families under the Act. These provisions operate alongside compensation and are intended to address displacement and other consequences of acquisition.
Punishment Under Section 85
- Minimum imprisonment: Six months.
- Maximum imprisonment: Three years.
- Fine: The provision also permits punishment with fine.
- Combined punishment: Imprisonment and fine may both be imposed.
- Subject matter: The contravention must relate to provisions concerning payment of compensation or rehabilitation and resettlement.
Related Offence and Procedure Provisions
Section 85 forms part of the same statutory chapter as Section 84, which deals with false information, false documents, fraudulent rehabilitation and resettlement claims and mala fide action. Section 86 deals with offences by companies, while Section 87 addresses offences by Government departments.
The procedural provisions are also relevant. Section 88 governs cognizance of offences by court, Section 89 declares offences under the Act to be non-cognizable, and Section 90 regulates the persons upon whose complaint an offence may be taken cognizance of.
Official Statutory Sources
For the authoritative Central Act and current statutory material, see the India Code page for the RFCTLARR Act, 2013, the official India Code PDF of the Act, and the Department of Land Resources.