Section 9 - Exemption from Social Impact Assessment

Section 9 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) permits the appropriate Government to dispense with the Social Impact Assessment (SIA) study when land is proposed to be acquired by invoking the urgency provisions of Section 40.

Text of Section 9

Meaning and scope of Section 9

The normal land acquisition framework requires assessment of the likely social effects of an acquisition. Section 9 creates a specific exception: the appropriate Government may exempt the SIA study if the acquisition invokes Section 40. The word "may" confers discretion; the exemption is not automatic merely because an acquisition is described as urgent.

Section 9 does not itself authorise acquisition or possession of land. It must be read together with Section 40, which regulates the exercise of urgency powers. The conditions and safeguards applicable to the acquisition, compensation and rehabilitation and resettlement must be considered separately.

When can the urgency exemption apply?

Section 40 deals with special powers in cases of urgency. Its urgency power is restricted by the Act, including the circumstances specified in Section 40(2), such as acquisition for the minimum area required for defence of India, national security, or emergencies arising out of natural calamities or another emergency with the approval of Parliament. A general desire to complete a project quickly is not, by itself, the statutory test.

Where the urgency power is validly invoked, Section 9 allows the appropriate Government to exempt the SIA study. Whether it has done so, and whether the underlying urgency requirements have been satisfied, depends on the relevant government decisions, notifications and applicable law.

Relationship with other provisions

• Section 4: Ordinarily provides for preparation of the Social Impact Assessment study in consultation with the concerned local bodies.
• Sections 5 to 8: Set out public hearing, publication, expert appraisal and government examination relating to the SIA process.
• Section 9: Allows an exemption from undertaking the SIA study where Section 40 urgency provisions are invoked.
• Section 40: Prescribes special urgency powers, restrictions and additional safeguards, including compensation and rehabilitation-related requirements.

Does Section 9 remove compensation or rehabilitation rights?

No. Section 9 addresses exemption from undertaking the SIA study; it does not, by its own terms, abolish compensation or rehabilitation and resettlement entitlements. Section 40 also contains safeguards applicable to urgent acquisition, including additional compensation provisions. The precise entitlements and procedures depend on the facts, applicable amendments and governing rules.

Practical points for landowners and affected families

Where an authority claims an SIA exemption, the affected persons should examine the acquisition notification, the legal grounds for invoking Section 40, the decision to exempt the study and the applicable compensation and rehabilitation measures. State-specific amendments, rules and valid notifications may affect how the central framework applies in a particular jurisdiction.

Frequently asked questions

Is Social Impact Assessment always compulsory?

The Act generally provides for an SIA process, but Section 9 allows the appropriate Government to exempt the study when the urgency provisions of Section 40 are invoked. Other applicable statutory provisions and amendments must also be checked.

Is the exemption automatic in every urgent acquisition?

No. Section 9 says that the appropriate Government may exempt the study. The government must have a legally valid basis to invoke the urgency provisions.

Does Section 9 apply to every infrastructure project?

No. Section 9 is tied to the invocation of Section 40; it does not provide a general SIA exemption for all infrastructure or development projects.

Updated: 7 October 2026. This article explains the central statutory provision and should be read with applicable state amendments, rules, notifications and judicial decisions.