The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 aims to provide fair compensation to landowners and those whose livelihoods are dependent on the land, as well as ensuring transparency and accountability in the process of land acquisition.

Land Acquisition ActCompensationRehabilitationResettlementTransparencyAccountabilityPublic PurposeSocial Impact Assessment

Summary

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is a comprehensive legislation that replaced the Land Acquisition Act, 1894. The act ensures fair compensation to landowners and those whose livelihoods are dependent on the land, as well as providing for rehabilitation and resettlement of displaced persons. The act also mandates that the process of land acquisition is carried out in a transparent and accountable manner, with the consent of the affected parties. The act applies to the acquisition of land for public purposes, such as building infrastructure projects, as well as for private companies. The act specifies a detailed procedure for the acquisition of land, including conducting a social impact assessment, providing rehabilitation and resettlement benefits, and conducting a review of the process.

CHAPTER I
PRELIMINARY

Section 1 : Short title, extent and commencement

Section 2 : Application of Act

Section 3 : Definitions

CHAPTER II

DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE
A.

PRELIMINARY INVESTIGATION FOR DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE

Section 4 : Preparation of Social Impact Assessment study

Section 5 : Public hearing for Social Impact Assessment

Section 6 : Publication of Social Impact Assessment study

DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE
B.

APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT GROUP

Section 7 : Appraisal of Social Impact Assessment report by an Expert Group

Section 8 : Examination of proposals for land acquisition and Social Impact Assessment report by appropriate Government

Section 9 : Exemption from Social Impact Assessment

CHAPTER III
SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY

Section 10 : Special provision to safeguard food security

CHAPTER IV
NOTIFICATION AND ACQUISITION

Section 11 : Publication of preliminary notification and power of officers thereupon

Section 12 : Preliminary survey of land and power of officers to carry out survey

Section 13 : Payment for damage

Section 14 : Lapse of Social Impact Assessment report

Section 15 : Hearing of objections

Section 16 : Preparation of Rehabilitation and Resettlement Scheme by the Administrator

Section 17 : Review of the Rehabilitation and Resettlement Scheme

Section 18 : Approved Rehabilitation and Resettlement Scheme to be made public

Section 19 : Publication of declaration and summary of Rehabilitation and Resettlement

Section 20 : Land to be marked out, measured and planned including marking of specific areas

Section 21 : Notice to persons interested

Section 22 : Power to require and enforce the making of statements as to names and interests

Section 23 : Enquiry and land acquisition award by Collector

Section 24 : Land acquisition process under Act No 1 of 1984 shall be deemed to have lapsed in certain cases

Section 25 : Period within which an award shall be made

Section 26 : Determination of market value of land by Collector

Section 27 : Determination of amount of compensation

Section 28 : Parameters to be considered by Collector in determination of award

Section 29 : Determination of value of things attached to land or building

Section 30 : Award of solatium

CHAPTER V
REHABILITATION AND RESETTLEMENT AWARD

Section 31 : Rehabilitation and Resettlement Award for affected families by Collector

Section 32 : Provision of infrastructural amenities in resettlement area

Section 33 : Corrections to awards by Collector

Section 34 : Adjournment of enquiry

Section 35 : Power to summon and enforce attendance of witnesses and production of documents

Section 36 : Power to call for records, etc

Section 37 : Awards of Collector when to be final

Section 38 : Power to take possession of land to be acquired

Section 39 : Additional compensation in case of multiple displacements

Section 40 : Special powers in case of urgency to acquire land in certain cases

Section 41 : Special provisions for Scheduled Castes and Scheduled Tribes

Section 42 : Reservation and other benefits

CHAPTER VI
PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT

Section 43 : Appointment of Administrator

Section 44 : Commissioner for rehabilitation and resettlement

Section 45 : Rehabilitation and resettlement committee at project level

Section 46 : Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons

Section 47 : Quantification and deposit of rehabilitation and resettlement amount

CHAPTER VII
NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT

Section 48 : Establishment of National Monitoring Committee for rehabilitation and resettlement

Section 49 : Reporting requirements

Section 50 : Establishment of State Monitoring Committee for rehabilitation and resettlement

CHAPTER VIII
ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY

Section 51 : Establishment of Land Acquisition, Rehabilitation and Resettlement Authority

Section 52 : Composition of Authority

Section 53 : Qualifications for appointment as Presiding Officer

Section 54 : Terms of office of Presiding Officer

Section 55 : Staff of Authority

Section 56 : Salary and allowances and other terms and conditions of service of Presiding Officers

Section 57 : Filling up of vacancies

Section 58 : Resignation and removal

Section 59 : Orders constituting Authority to be final and not to invalidate its proceedings

Section 60 : Powers of Authority and procedure before it

Section 61 : Proceedings before Authority to be judicial proceedings

Section 62 : Members and officers of Authority to be public servants

Section 63 : Jurisdiction of civil courts barred

Section 64 : Reference to Authority

Section 65 : Collector?s statement to Authority

Section 66 : Service of notice by Authority

Section 67 : Restriction on scope of proceedings

Section 68 : Proceedings to be in public

Section 69 : Determination of award by Authority

Section 70 : Form of award

Section 71 : Costs

Section 72 : Collector may be directed to pay interest on excess compensation

Section 73 : Re-determination of amount of compensation on the basis of the award of the Authority

Section 74 : Appeal to High Court

CHAPTER IX
APPORTIONMENT OF COMPENSATION

Section 75 : Particulars of apportionment to be specified

Section 76 : Dispute as to apportionment

CHAPTER X
PAYMENT

Section 77 : Payment of compensation or deposit of same in Authority

Section 78 : Investment of money deposited in respect of lands belonging to person incompetent to alienate

Section 79 : Investment of money deposited in other cases

Section 80 : Payment of interest

CHAPTER XI
TEMPORARY OCCUPATION OF LAND

Section 81 : Temporary occupation of waste or arable land, procedure when difference as to compensation exists

Section 82 : Power to enter and take possession and compensation on restoration

Section 83 : Difference as to condition of land

CHAPTER XII
OFFENCES AND PENALTIES

Section 84 : Punishment for false information, mala fide action, etc

Section 85 : Penalty for contravention of provisions of Act

Section 86 : Offences by companies

Section 87 : Offences by Government departments

Section 88 : Cognizance of offences by court

Section 89 : Offences to be non-cognizable

Section 90 : Offences to be cognizable only on complaint filed by certain persons

CHAPTER XIII
MISCELLANEOUS

Section 91 : Magistrate to enforce surrender

Section 92 : Service of notice

Section 93 : Completion of acquisition not compulsory, but compensation to be awarded when not completed

Section 94 : Acquisition of part of house or building

Section 95 : Acquisition of land at cost of a local authority or Requiring Body

Section 96 : Exemption from income-tax, stamp duty and fees

Section 97 : Acceptance of certified copy as evidence

Section 98 : Notice in case of suits for anything done in pursuance of Act

Section 99 : No change of purpose to be allowed

Section 100 : No change of ownership without permission to be allowed

Section 101 : Return of unutilised land

Section 102 : Difference in price of land when transferred for higher consideration to be shared

Section 103 : Provisions to be in addition to existing laws

Section 104 : Option of appropriate Government to lease

Section 105 : Provisions of this Act not to apply in certain cases or to apply with certain modifications

Section 106 : Power to amend Schedule

Section 107 : Power of State Legislatures to enact any law more beneficial to affected families

Section 108 : Option to affected families to avail better compensation and rehabilitation and resettlement

Section 109 : Power of appropriate Government to make rules

Section 110 : Rules made by Central Government to be laid before Parliament

Section 111 : Rules made by State Government to be laid before State Legislature

Section 112 : Previous publication of rules made by Central and State Government

Section 113 : Power to remove difficulties

Section 114 : Repeal and saving

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