THE RIGHT TO FAIR COMPENSATION & TRANSPARENCY IN LAND ACQUISITION, 2013

THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013


CHAPTER I PRELIMINARY

SECTIONS 1. Short title, extent and commencement.

2. Application of Act.

3. Definitions.

CHAPTER II DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE

A.—PRELIMINARY INVESTIGATION FOR DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE

4. Preparation of Social Impact Assessment study.

5. Public hearing for Social Impact Assessment.

6. Publication of Social Impact Assessment study.

B.—APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT GROUP

7. Appraisal of Social Impact Assessment report by an Expert Group.

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

9. Exemption from Social Impact Assessment.


CHAPTER III SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY

10. Special provision to safeguard food security.

CHAPTER IV NOTIFICATION AND ACQUISITION –important

11. Publication of preliminary notification and power of officers thereupon.

12. Preliminary survey of land and power of officers to carry out survey. 13. Payment for damage.

14. Lapse of Social Impact Assessment report.

15. Hearing of objections. 2 SECTIONS

16. Preparation of Rehabilitation and Resettlement Scheme by the Administrator.

17. Review of the Rehabilitation and Resettlement Scheme.

18. Approved Rehabilitation and Resettlement Scheme to be made public.

19. Publication of declaration and summary of Rehabilitation and Resettlement.

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

21. Notice to persons interested.

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

23. Enquiry and land acquisition award by Collector.

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

25. Period within which an award shall be made.

26. Determination of market value of land by Collector.

27. Determination of amount of compensation.

28. Parameters to be considered by Collector in determination of award.

29. Determination of value of things attached to land or building.

30. Award of solatium.


CHAPTER V REHABILITATION AND RESETTLEMENT AWARD 

31. Rehabilitation and Resettlement Award for affected families by Collector.

32. Provision of infrastructural amenities in resettlement area. 33. Corrections to awards by Collector.

34. Adjournment of enquiry.

35. Power to summon and enforce attendance of witnesses and production of documents.

36. Power to call for records, etc.

37. Awards of Collector when to be final.

38. Power to take possession of land to be acquired.

39. Additional compensation in case of multiple displacements.

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

41. Special provisions for Scheduled Castes and Scheduled Tribes.

42. Reservation and other benefits.


CHAPTER VI PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT

43. Appointment of Administrator.

44. Commissioner for rehabilitation and resettlement.

45. Rehabilitation and resettlement committee at project level. 3 SECTIONS

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

47. Quantification and deposit of rehabilitation and resettlement amount.


CHAPTER VII NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT

48. Establishment of National Monitoring Committee for rehabilitation and resettlement.

49. Reporting requirements.

50. Establishment of State Monitoring Committee for rehabilitation and resettlement



CHAPTER VIII ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY 

51. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.

52. Composition of Authority.

53. Qualifications for appointment as Presiding Officer.

54. Terms of office of Presiding Officer.

55. Staff of Authority.

56. Salary and allowances and other terms and conditions of service of Presiding Officers.

57. Filling up of vacancies.

58. Resignation and removal.

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

60. Powers of Authority and procedure before it.

61. Proceedings before Authority to be judicial proceedings.

62. Members and officers of Authority to be public servants.

63. Jurisdiction of civil courts barred.

64. Reference to Authority.

65. Collector‘s statement to Authority.

66. Service of notice by Authority.

67. Restriction on scope of proceedings.

68. Proceedings to be in public.

69. Determination of award by Authority.

70. Form of award.

71. Costs.

72. Collector may be directed to pay interest on excess compensation.

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

74. Appeal to High Court.


CHAPTER IX APPORTIONMENT OF COMPENSATION SECTIONS

75. Particulars of apportionment to be specified.

76. Dispute as to apportionment.


CHAPTER X PAYMENT

77. Payment of compensation or deposit of same in Authority.

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

79. Investment of money deposited in other cases. 80. Payment of interest


CHAPTER XI TEMPORARY OCCUPATION OF LAND

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

82. Power to enter and take possession and compensation on restoration.

83. Difference as to condition of land.

CHAPTER XII OFFENCES AND PENALTIES

84. Punishment for false information, mala fide action, etc. (6month with fine which may be extend one lakh Rupees or both )

85. Penalty for contravention of provisions of Act. (6 month which may be extend 3 years or with fine or both )

86. Offences by companies.

87. Offences by Government departments.

88. Cognizance of offences by court.

89. Offences to be non-cognizable.

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


CHAPTER XIII MISCELLANEOUS 

91. Magistrate to enforce surrender.

92. Service of notice.

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

94. Acquisition of part of house or building.

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

96. Exemption from income-tax, stamp duty and fees.

97. Acceptance of certified copy as evidence.

98. Notice in case of suits for anything done in pursuance of Act.

99. No change of purpose to be allowed.

100. No change of ownership without permission to be allowed.

101. Return of unutilisedland.

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

103. Provisions to be in addition to existing laws.

104. Option of appropriate Government to lease.

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

106. Power to amend Schedule.

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

108. Option to affected families to avail better compensation and rehabilitation and resettlement.

109. Power of appropriate Government to make rules.

110. Rules made by Central Government to be laid before Parliament.

111. Rules made by State Government to be laid before State Legislature.

112. Previous publication of rules made by Central and State Government.

113. Power to remove difficulties.

114. Repeal and saving







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