Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act
Updated: Aug 24, 2021
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
NOTIFICATION AND ACQUISITION
REHABILITATION AND RESETTLEMENT AWARD SECTION 31
SPECIAL POWER IN CASE OF URGENCY SECTION 40
SPECIAL PROVISION FOR SC AND ST SECTION 41
PROCEDURE AND MANNER REHABILITATION AND RESETTLEMENT
LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY SECTION 51
FORM OF AWARD SECTION 70
TEMPORARY OCCUPATION OF LAND
OFFENCE AND PENALTIES
Section 16 - Preparation o scheme by the Administrator (I) Upon the publication of the preliminary notification under sub-section
Section 18 - Approved Rehabilitation and Resettlement Scheme to be made public
Section 21 - Notice to persons interested
not they have respectively appeared before him.
Section 25 - Period within which an award shall be made
Section 27 - Determination of amount of compensation
Rehabilitation and Resettlement
Section 31 - Rehabilitation and Resettlement award for affected families by Collector
Section 38 - Power to take possession of land to be acquired
Section 40 - Special powers in case of urgency to acquire land in certain cases
Section 52 - Composition of Authority
qualified for appointment as the Presiding Officer
Section 60 Powers of Authority and procedure before
Section 66 - Service of notice by Authority
Section 69 – Determination Of award by Authority
Section 70 - Form of award
This Act can be called the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Rehabilitation Act, 2013.
It extends to the whole of India except the State of Jammu and Kashmir and shall come into force on such date (as the Central Government may, by notification in the Official Gazette, appoint: Provided that the Central Government shall appoint such date within three months from the date on which But the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2013 has got the assent of the President.
In this Act, unless the context otherwise requires, "administrator" means an officer appointed under sub-section of section 43 to rehabilitate and rehabilitate the affected families; "affected area" means such land acquisition; Areas notified by the appropriate Government for the purposes of "affected families" include—
a family whose land or other immovable property has been acquired; A family which does not own any land, but any member or member of such family may be an agricultural labourer, tenant, having any kind of tenancy or usury right, sharecropper or artisan or who has been working in the affected area for three years. Ho. Before the acquisition of land, whose primary source of livelihood is affected by the acquisition of land; Scheduled Tribes and other Traditional Forest Dwellers who have lost any of their forest rights recognized under Scheduled Tribes and Other Traditional Forests
Acquisition of land due to the Residents (Recognition of Forest Rights) Act, 2006 (2 of 2007); a family whose primary source of livelihood for the three years preceding the acquisition of the land is dependent on forests or water bodies and includes forest produce, hunters, fishermen, and boatmen, and such livelihood is affected by the acquisition of the land; a member of the family to whom land has been allotted by the State Government or the Central Government under any of its schemes and such land is subject to acquisition; A family which has been residing on any land in urban areas for three years or more from the date of acquisition of land or whose primary source of livelihood is affected by the acquisition of such land for three years prior to the acquisition of the land
IMPORTANT DEFINITION SECTION 3
"agricultural land" means land used for the purpose of agriculture or horticulture; Dairy farming, poultry farming, fish farming, sericulture, seed farming, breeding of livestock or growing medicinal herbs in nurseries; growing crops, trees, grasses, or garden products; and land used for grazing livestock;
"Appropriate Government" means,—in relation to the acquisition of land situated within the territory of a State, the State Government; in relation to the acquisition of land situated within a Union Territory (excluding Puducherry), the Central Government; In relation to the acquisition of land situated within the Union Territory of Puducherry, the Government of the Union Territory of Puducherry; in relation to the acquisition of land for a public purpose in more than one State, the Central Government, in consultation with the State Governments concerned or the Union Territories; and in relation to the acquisition of land for the purpose of the Union, as may be specified by notification, the Central Government: Provided that in respect of a public purpose in a District for an area not exceeding such as may be notified by the appropriate Government the Collector of such District shall be, deemed to be the appropriate Government.
"Authority: means the Land Acquisition and Rehabilitation and Resettlement Authority established under section 51.
"Collector" means the Collector of a revenue district, and includes a Deputy Commissioner and any officer specially designated by the appropriate Government to perform the functions of a Collector under this Act.
"Commissioner" means the Commissioner for Rehabilitation and Resettlement appointed under sub-section (1) of section 44.
"cost of acquisition" includes - the amount of compensation which includes solatium, any enhanced compensation ordered by the Land Acquisition and Rehabilitation and Resettlement Authority or the Court and interest payable thereon and any other amount determined as payable to the affected families by such Authority or Court. demurrage /to be paid for damages caused to the land and standing crops in the process of acquisition. cost of acquisition of land and building for settlement of displaced or adversely affected families. cost of development of infrastructure and amenities at the resettlement areas. cost of rehabilitation and resettlement as determined in accordance with the provisions of this Act. administrative cost, for the acquisition of land, including both in the project site and out of project area lands, not exceeding such percentage of the cost of compensation as may be specified by the appropriate Government. for rehabilitation and resettlement of the owners of the land and other affected families whose land has been acquired or proposed to be acquired or other families affected by such acquisition.
"land" includes benefits to arise out of the land, and things attached to the earth or permanently fastened- to anything attached to the earth
"landless" means such persons or class of persons who May considered or specified us such under any State law for the time being in force; or in a case of landless not being specified under sub-clause (i), as may be specified by the appropriate Government;
Land owner includes any person-
whose name is recorded as the owner of the land or building or part thereof, in the records of the authority concerned; or any person who is granted forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) or under any other law for the time being in force; or who is entitled to be granted Patta rights on the land under any law of the State including assigned lands; or any person who has been declared as such by an order of the Court or Authority.
"local authority" includes a town planning authority (by whatever name called) set up under any law for the time being in force, a Panchayat as defined in article 243, and a Municipality as defined in article 243-P, of the Constitution.
"marginal farmer" means a cultivator with un-irrigated land holding up to one hectare or irrigated land holding up to one-half hectare.
"market value" means the value of land determined in accordance with section 26.
"Resettlement Area" means an area where the affected families who have been displaced as a result of land acquisition are resettled by the appropriate Government.
"Scheduled Areas" means the Scheduled Areas as defined in section 2 of the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996).
"small farmer" means a cultivator with an un-irrigated land holding up to two hectares or with an irrigated land holding up to one hectare, but more than the holding of a marginal farmer.
Section 11- Publication of preliminary notification and power of officer thereupon
(1) Whenever, it appears to the appropriate Government that land in any area is required or likely to be required for any purpose, a notification (hereinafter referred to as preliminary notification) to that effect along with details of the land to be acquired in rural and urban areas shall be published in the following manner, namely: —
a) in the Official Gazette;
b) in two daily newspapers circulating in the locality of area of which one shall be in the regional language;
c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be and in the offices of the District Collector, the Sub-divisional Magistrate and the Tehsil;
d) uploaded on the website of the appropriate Government;
e) in the affected areas, in prescribed.
(2) Immediately after issuance of the notification under sub-section (1), the concerned Gram Sabhaw or Sabhas at the village level; municipalities in case of municipal areas and the Autonomous Councils in case of the areas referred to in the Sixth Schedule to the Constitution, shall be informed of the contents of the notification issued under the said sub-section in all cases of land acquisition at a meeting called especially for this purpose.
The notification issued under sub-section (1) shall also contain a statement on the nature of the public purpose' involved, ' reasons necessitating the displacement of affected persons, summary of the Social Impact Assessment Report and particulars of the Administrator appointed for the purposes of rehabilitation and resettlement under section 43.
(4) No person shall make any transaction or cause any transaction of land specified in the preliminary notification or create any encumbrances on such land from the date of publication of such notification till such time as the proceedings under this Chapter are completed; such manner as may be
Provided that the Collector may, on the application made by the owner of the land so notified, exempt in special circumstances to be recorded in writing, such owner from the operation of this sub-section: Provided further that any loss col:iL1111rY--5-111fe"b any. =Ian –due to his wilful violation of this provision shall not be made up by the Collector. After issuance of notice under sub-section (1), the Collector shall, before the issue of a declaration under tsection 19, undertake and complete the exercise ofuinatin_g of land recordil as prescribed within a period of two months.
carry out survey For the purposes of enabling the appropriate Government to determine the extent of land to be acquired, it shall be lawful for any officer, either generally or specially authorised by such Government in this behalf, and for his servants and workmen,—(a) to enter upon and survey and take levels of any land in such locality; (b) to dig or bore into the sub-soil; (c) to do all other acts necessary to ascertain whether the land is adapted for such purpose; (d) to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon; and to mark such levels, boundaries and line by placing marks and cutting trenches and where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle: Provided that no act under clauses (a) to (e) in respect of land shall be conducted in the absence of the owner of the land or in the absence of any person authorised in writing by the owner: Provided further that the acts specified under the first proviso may be undertaken in the absence of the owner, if the owner has been afforded a reasonable opportunity to be present during the survey, by giving a notice of at least sixty days prior to such survey:
Provided also that no person shall enter into any building or upon any enclosed Court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so.
Section 13 - Payment for damage The officer so authorised under section 12 shall at the time of entry under section 12 pay or tender payment for any damage caused, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector or other chief revenue officer of the district, and such decision shall be final.
Section 15 - Hearing of objections (1) Any person interested in any land which has been notified under sub-section (1) of section 11, as being required or likely to be required for a public purpose, may within SIXTY DAYS from the date of the publication of the preliminary notification, object to-
(a) the area and suitability_of land proposed to be acquired;
(b) justification offered for public purpose ;
(c) the findings of the Social Impact Assessment report.
(2) Every objection under sub-section
(1) shall be made to the Collector writing and the Collector shall give the objector an opportunity of being heard in person or by any person authorised by him in this behalf or by an Advocate and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, either make a report in respect of the land which has been notified under sub-section (1) of section 11, or make different reports in respect of different parcels of such land, to the appropriate Government, containing his recommendations on the objections, together with the record of the proceedings held by him along with a separate report giving therein the approximate cost of land acquisition, particulars as to the number of affected families likely to be resettled, for the decision of that Government.
(3) The decision of the appropriate Government on the objections made under sub-section (2) shall be final.
Section 16 - Preparation of rehabitaion and resettlement scheme by the Administrator (I) Upon the publication of the preliminary notification under sub-section (1) of section 11 by the Collector, the Administrator for Rehabilitation and Resettlement shall conduct a survey and undertake a census of the affected families, in such manner and within such time as may be prescribed, which shall include—
a) particulars of lands and immovable properties being acquired of each affected family;
b) livelihoods lost in respect of land losers and landless whose livelihoods are primarily dependent on the lands being acquired;
(c) a list of public utilities and Government buildings which are affected or likely to be affected, where reyttlement of affected families is involved;
(d) details of the amenities and infrastructural facilities which are affected or likely to be affected, where resettlement of affected families is involved; and
(e) details of any common property resources being acquired.
(2) The Administrator shall, based on the survey and census under sub-section (1), prepare a draft Rehabilitation and Resettlement Scheme, as prescribed which shall include particulars of the rehabilitation and resettlement entitlements of each land owner and landless whose livelihoods are primarily dependent on the lands.being acquired and where resettlement of affected families is involved —
(i) a list of Government buildings to be provided in the Resettlement area;
(ii) details of the public amenities and infrastructural facilities which are to be provided in the resettlement area. The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall include time limit for implementing Rehabilitation and Resettlement Scheme; (4) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall be made known locally by wide publicity in the affected area and discussed in the concerned Gram Sabhas or Municipalities.
(5) A public hearing shall be conducted in such manner as may be prescribed, after giving adequate publicity about the date, time and venue for the public hearing at the affected area: Provided that in case where an affected area involves more than one Grain Panchavat or Municipality, public hearings shall be conducted in every Gram Sabha and Municipality twenty- fiv than where more e per cent, of land belonging to that Gram Sabha or Municipality is being acquired: Provided further that the consultation with the Gram Sabha in Scheduled Areas shall be in accordance with the provisions of the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996).
(6) The Administrator shall, on completion of public hearing submit the draft Scheme for Rehabilitation and Resettlement along nth a specific report on the claims and objections raised in the public hearing to the Collector.
Section 17 - Review of the Rehabilitation and Resettlement Scheme
(1) The Collector shall review the draft Scheme submitted under sub-section (6) of section 16 by the Administrator with the Rehabilitation and Resettlement Committee at the project level constituted under section 45.
(2) The Collector shall submit the draft Rehabilitation and Resettlement Scheme with his suggestions to the Commissioner Rehabilitation and Resettlement for approval of the Scheme.
Section 18 - Approved Rehabilitation and Resettlement Scheme to be made public The Commissioner shall cause the approved Rehabilitation and Resettlement Scheme to be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate Government.
Section 19 - Publication of declaration and summary Rehabilitation and Resettlement
Section 20 - Land to be marked out measured and planned including marking of specific areas The Collector shall thereupon cause the land, unless it has been already marked out under section 12, to be marked out and measured, and if no plan has been made thereof, a plan to be made of the same.
Section 21 - Notice to persons interested (1) The Collector shall publish the public notice on his website and cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensations and rehabilitation and resettlement for all interests in such land may be made to him. (2) The public notice referred to in sub-section (1) shall state the particulars of the land so needed, and require all persons interested in the land to appear personally or by agent or advocate before the Collector at a time and place mentioned in the public notice not being less than thirty days and not more than six months after the date of publication of the notice, and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, their claims to rehabilitation and resettlement along with their objections, if any, to the measurements made under section 20.
Section 25 - Period within which an award shall be made The Collector shall make an award within a period of twelve months from the date of publication of the declaration under section 19 and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse:
Section 27 - Determination of amount of compensation The Collector having determined the market value of the land to be acquired shall calculate the total amount of compensation to be paid to the land owner (whose land has been acquired) by including all assets attached to the land.
Section 28 - Parameters to be considered by Collector in determination award.
In determining the amount of compensation to be awarded for land acquired under this Act, the Collector shall take into consideration — 1) the market value as determined under section 26 and the award amount in accordance with the First and Second Schedules; 2) the damage sustained by the person interested, by reason of the taking of any standing crops and trees which may be on the land at the time of the Collector's taking possession thereof; 3) the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land; 4) the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; 5) in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; 6) the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 19 and the time of the Collector's taking possession of the land; and 7) any other ground which may be in the interest of equity, justice and beneficial to the affected families.
Section 30 - Award of solatium
(1) The Collector having determined the total compensation to be paid, shall, to arrive at the final award, impose a "Solatium" hundred one amount equivalent to per cent, of the compensation amount.
The Collector shall issue individual awards detailing the particulars of compensation payable and the details of payment of the compensation as specified in the First Schedule.
In addition to the market Value of the land provided under section 26, the Collector shall, in every case, award an amount calculated at the rate of twelve per cent, per annum on such market value for the period commencing on and from the date of the publication of the notification of the Social Impact Assessment study under sub-section (2) of section 4, in respect of such land, till the date of the award of the Collector or the date of taking possession off the land, whichever is earlier.
Rehabilitation and Resettlement
Section 31 - Rehabilitation and Resettlement award for affected families by Collector (1) The Collector shall pass Rehabilitation and Resettlement Awards for each affected family in terms of the entitlements provided in the Second Schedule. (2) The Rehabilitation and Resettlement Award shall include all of the following, namely: —(a) rehabilitation and resettlement amount payable to the family; (b) bank account number of the person to which the rehabilitation and resettlement award amount is to be transferred; particulars of house site and house to be allotted, in case of displaced families; particulars of land allotted to the displaced families; particulars of one time subsistence allowance and transportation allowance in case of displaced families; particulars of payment for cattle shed and petty shops; particulars of one-time amount to artisans and small traders; details of mandatory employment to be provided to the members of the affected families;
· particulars of any fishing rights that may be involved;
· particulars of annuity and other entitlements to be provided;
· particulars of special provisions for the Scheduled Castes and the Scheduled Tribes to he provided;
section 32 provision of infrastructural amenities in resettlement areas
Iii every resettlement area as defined, under this Act, the Collector shall ensure the provision of all infrastructural facilities and basic minimum amenities specified in the Third Schedule.
Section 33- correction to award by collector
The Collector may at any time, but not later than six months from the date of award or where he has been required under the provisions of this Act to make a reference to the Authority under section 64, before the making of such reference, by order, correct any clerical or arithmetical mistakes in either of the awards or errors arising therein either on his own motion or on the application of any person interested or local authority: Provided that no correction which is likely to affect prejudicially any person shall be made unless such person has been given a reasonable opportunity of making representation in the matter.
The Collector shall give immediate notice of any correction made in the award so corrected to all the persons interested.
Where any excess amount is proved to have been paid to any person as a result of the correction made under sub-section (1), the excess amount so paid shall be liable to be refunded and in the case of any default or refusal to pay, the same may be recovered, as prescribed by the appropriate Government.
Section 34 - Adjournment of enquiry The Collector may, for any cause he thinks fit, from time to time adjourn the enquiry to a day to be fixed by him.
Section 35 - Power to summon and enforce attendance of witnesses and production of documents
For the purpose of enquiries under this Act, the Collector shall have powers to summon and enforce the attendance of witnesses, including the parties interested of any of them, and to compel the production of documents by the same means, and (so far as may be) in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908).
Section 37 award of collector when to be final
The Awards shall be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and market value of the land and the assets attached thereto, solatium so determined and the apportionment of the compensation among the persons interested, (2) The Collector shall give immediate notice of his awards to such of the persons interested who are not present personally or through their representatives when the awards are made.
Section 38 - Power to take possession of land to be acquired (1) The Collector shall take possession of land after ensuring that full payment of compensation as well as rehabilitation and resettlement entitlements are paid or tendered to the entitled persons within a period of three months for the compensation and a period of six months for the monetary part of rehabilitation and resettlement entitlements listed in the Second Schedule commencing from the date of the award. (2) The Collector shall be responsible for ensuring that the rehabilitation and resettlement process is completed in all its aspects before displacing the affected families.
Section 40 - Special powers in case of urgency to acquire land in certain cases (1) In cases of urgency, whenever the appropriate Government so directs, the Collector, though no such award has beer, made, may, on the expiration of thirty days from the publication of the notice mentioned in section 21, take possession of any land needed for a public purpose and such land shall thereupon vest absolutely in the Government, free from all encumbrance .
2) The powers of the appropriate Government under sub-section (1) shall be restricted to the minimum area required for the defence of India or national security or for any emergencies arising out of natural calamities or any other emergency with the approval of Parliament
(3) Before taking possession of any land under sub-section (1) or subsection (2), the Collector shall tender payment of eighty per cent, of the compensation for such land as estimated by him to the person interested entitled thereto.
Section 41 – special provision for scheduled castes and scheduled tribes
Scheduled (1) As far as possible, no acquisition of land shall be made in the Scheduled Areas. (2) Where such acquisition does take place it shall be done only as a demonstrable last resort.
(3) In case of acquisition or alienation of any land in the Scheduled Areas, the prior consent of the concerned Gram Sabha or the Panchayats or the autonomous District Councils, at the appropriate level in Scheduled Areas under the Fifth Schedule to the Constitution, as the case may be, shall be obtained, in all cases of land acquisition in such areas, including acquisition in case of urgency, before issue of a notification under this Act, or any other Central Act or a State Act for the time being in force:
(4) In case of a project involving land acquisition on behalf of a Requiring Body which involves involuntary displacement of the Scheduled Castes or the Scheduled Tribes families, a Development Plan shall be prepared, in such form as may be prescribed, laying down the details of procedure for settling land rights due, but not settled and restoring titles of the Scheduled Tribes as well as the Scheduled Castes on the alienated land by undertaking a special drive together with land acquisition. (10) The affected Scheduled Tribes, other traditional forest dwellers and the Scheduled Castes having fishing rights in a river or pond or dam in the affected area shall be given fishing rights in the reservoir area of the irrigation or hydel projects. (11) Where the affected families belonging to the Scheduled Castes and the Scheduled Tribes are relocated outside of the district, then, they shall be paid an additional twenty-five per cent,rehabilitation and resettlement benefits to which they entitled in monetary terms along with a one-time entitlement of fifty thousand rupees.
Section 42 reservation and other benefit
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.
Procedure and Manner of Rehabilitation and Resettlement
Section 43 - Appointment of Administrator
(1) Where the appropriate Government is satisfied that there is likely to be involuntary displacement of persons due to acquisition of land, then, the State Government shall, by notification, appoint in respect of that project, an officer not below the rank of Joint Collector or Additional Collector or Deputy Collector or equivalent official of Revenue Department to be the Administrator for Rehabilitation and Resettlement.
(2) The Administrator shall, with a view to enable him to function efficiently and to meet the special time-frame, be provided with such powers, duties and responsibilities as may be prescribed by the appropriate Government and provided with office infrastructure and be assisted by such officers and employees who shall be subordinate to him as the appropriate Government may decide. Subject to the superintendence, directions and control of the appropriate Government and the Commissioner for Rehabilitation and Resettlement, the formulation, execution and monitoring of the Rehabilitation and Resettlement Scheme shall vest in the Administrator.
Section 44 - Commissioner for rehabilitation and resettlement
(1) The State Government shall appoint an officer of the rank of Commissioner or Secretary of that Government for rehabilitation and resettlement of affected families under this Act, to be called the Commissioner for Rehabilitation and Resettlement.
(2) The Commissioner shall be responsible for supervising the formulation of rehabilitation and resettlement schemes or plans and proper implementation of such schemes or plans.
(3) The Commissioner shall be responsible for the post-implementation social audit in consultation with the Gram Sabha in rural areas and municipality in urban areas.
Section 45 - Rehabilitation and Resettlement Committee at Project Level Where land proposed to be acquired is equal to or more than one hundred acres, the appropriate Government shall constitute a Committee under the chairmanship of the Collector to be called the Rehabilitation and Resettlement Committee, to monitor and review the progress of implementation of the Rehabilitation and Resettlement scheme and to carry out post-implementation social audits in consultation with the Gram Sabha in rural areas and municipality in urban areas.
Establishment of Land Acquisition, Rehabilitation and Resettlement Authority
Section 51 - Establishment of Land Acquisition Rehabilitation and Resettlement Authority (1) The appropriate Government shall, for the purpose of providing speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement, establish, by notification, one or more Authorities to be known as "the Land Acquisition, Rehabilitation and Resettlement Authority" to exercise jurisdiction, powers and authority conferred on it by or under this Act. (2) The appropriate Government shall also specify in the notification referred to in sub-section (1) the areas within which the Authority may exercise jurisdiction for entertaining and deciding the references made to it under section 64 or applications made by the applicant under second proviso to sub-section (1) of section 64.
Section 52 - Composition of Authority (1) The Authority shall consist of one person only (hereinafter referred to as the Presiding Officer) to be appointed, by notification, by the appropriate Government. (2) Notwithstanding anything contained in sub-section (1), the appropriate Government may authorize the Presiding Officer of one Authority to discharge also the functions of the Presiding Officer of another Authority.
Section 53 - qualified for appointment as the Presiding Officer
(1) A person shall not be qualified for appointment as the Presiding Officer of an Authority unless,—(a) he is or has been a District Judge; or (b) he is a qualified legal practitioner for not less than seven years. (2) A Presiding Officer shall be appointed by the appropriate Government in consultation with the Chief Justice of a High Court in whose jurisdiction the Authority is proposed to be established.
Section 54 The term Presiding Officer
The Presiding Officer of an Authority shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier.
Section 59 –order constituting authority to be final and not to invalidate its Proceedings
No order of the appropriate Government appointing any person as the Presiding Officer of an Authority shall be called in question in any manner, and no act or proceeding before an Authority shall be called in question in any manner on the ground merely of any defect in the constitution of an Authority.
Section 60 Powers of Authority and procedure before it (1) The Authority shall, for the purposes of its functions under this Act, shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure. The Authority shall have original jurisdiction to adjudicate upon every reference made to it under section 64. The Authority shall arrange to deliver copies of the award to the parties concerned within a period of fifteen days from the date of such award.
Section 66 - Service of notice by Authority The Authority shall thereupon cause a notice specifying the day on which the Authority will proceed to determine the objection, and directing their appearance before the Authority on that day, to be served on the following persons, namely: —(a) the applicant; (b) all persons interested in the objection, except such (if any) of them as have consented without" protest to receive payment of the compensation awarded; and (c) if the objection is in regard to the area of the land or to the amount of the compensation, the Collector.
Section 69 – Determination Of award by Authority (1) In determining the amount of compensation to be awarded for land acquired including the Rehabilitation and Resettlement entitlements, the Authority shall take into consideration whether the Collector has followed the parameters set out under section 26 to section 30 and the provisions under Chapter V of this Act. (2) In addition to the market value of the land, as above provided, the Authority shall in every case award an amount calculated at the rate of twelve per cent, per annum-on such market value for the period commencing on and from the date of the publication of the preliminary notification under section 11 in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. In addition to the market value of the land as above provided, the Authority shall in every case award a solatium of one hundred per cent, over the total compensation amount. This clause seeks to provide for the manner in which the amount of compensation is to be determined for the land to be acquired. (Notes on Clauses).
Section 70 - Form of award (1) Every award under this Chapter shall be in writing signed by the Presiding Officer of the Authority, and shall specify the amount awarded under clause first of section 28, and also the amounts (if any) respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts. (2) Every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgment within the meaning of clause (2), and clause (9) of respectively, of section 2 of the Code of Civil Procedure, 1908 (5 of 1908).
Section 71 - Costs (1) Every such award shall also state the amount of costs. incurred in the proceeding under this Chapter, and by what persons and in what proportions they are to be paid. When the award of the Collector is not upheld, the cost shall ordinarily be paid • by the Collector, unless the Authority concerned is of the opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector's costs.
Temporary Occupation Of Land
Section 81 - Temporary occupation of waste or arable land, procedure when difference as to compensation exists (1) Whenever it appears to the appropriate Government that the temporary occupation and use of any waste or arable land are needed for any public purpose, the appropriate Government may direct the Collector to procure the occupation and use of the same for such terms as it shall think fit, not exceeding three years from the commencement of such occupation. (2) The Collector shall thereupon give notice in writing to the person interested in such land of the purpose for which the same is needed, and shall, for the occupation and use thereof for such term as aforesaid, and for the materials (if any) to be taken therefrom, pay to them such compensation, either in a gross sum of money, or by monthly or other periodical payments, as shall be agreed upon in writing between him and such persons respectively. In case the Collector and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the Collector shall refer such difference to the decision of the Authority,
Section 82 - Power to enter and take possession and compensation on restoration (1) On payment of such compensation, or on executing such agreement, or on making a reference under section 64, the Collector may enter upon and take possession of the land, and use or permit the use thereof in accordance with the terms of the said notice.
2) On the expiration of the term, the Collector shall make or tender to the persons interested compensation for the damage (if any) done to the land and not provided for by the agreement, and shall restore the land to the persons interested therein: Provided that if the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require, the appropriate Government shall proceed under this Act to acquire the land as if it was needed permanently for a public purpose.
Section 83 - Difference as to condition of land In case the Collector and persons interested differ as to the condition of the land at the expiration of the term, or as to any matter connected with the said agreement, the Collector shall refer such difference to the decision of the Authority concerned.
Section 84 - Punishment for false information mala fide action etc. (1) If a person, in connection with a requirement or direction under this Act, provides any information that is false or misleading, or produces any false document, he'shall be liable to be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one lakh rupees, or with both. (2) Any rehabilitation and resettlement benefit availed of by making a false claim or through fraudulent means shall be liable to be recovered by the appropriate Government in the manner as may be prescribed. Disciplinary proceedings may be drawn up by the disciplinary authority against a Government servant, who if proved to be guilty of a mala fide action in respect of any provision of this Act, shall be liable to such punishment including a fine as the disciplinary authority may decide.
Section 85 - Penalty or contravention of provisions of Act
If any person contravenes any of the provisions relating to payment of compensation or rehabilitation and resettlement, every such person shall be liable to a punishment of six months which may extend to three years or with fine or with both.
Section 87 - Offenees by Government departments ( I) Where an offence under this Act has beer; committed by any department of the Government, the head of the department, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render any person 'liable to any punishment if such person proves that the offence was committed without his knowledge or that such person exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a Department of the Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any officer, other than the head of the department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _