act land acqusiition 2013

8/13/2019 Act Land Acqusiition 2013

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@ t d. qe*{q{)04/ooo?/2003-r3 RECISTERED NO. DL-(N)04/0007/2003-13

0rrrWirrErq?rGhe 6o*,ettn orf pndtostt qrotEXTRAORDINARYtIrT ll - tr' -g IPART ll - Section Ifftrfl{ t r-firf{rdPUBLISHED BY AUTHORITY

{. 4olNo.401 ri ffi, gxr, fraqr zz, zoral qF+r s, l93s (yrs)NEW DELHI, FRIDAY, SEPTEMBER 27,20I3/ASVINA 5, I935 (SAKA)gq i{m d Friyg{cm {qfrtffi foq{q-err{fiim{ *Fc{ rqtqr{-+ rSeparate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAWAND JUSTICE(Legislativ Department)

Nev Delhi, the2Tth Septenber,2013tAsvina 5,1935 (Saka)The following Act of Parliament received the assent of the president on the26th Septembei 2013, and is hereby published for general information:-THE zuGHT TO FAIR COMPENSATION AND TRANSPARENCY INLAND ACQUISITION, REHABILITATION ANDRESETTLEMENTACT,20I3No. 30 or 2013

t26th Septenbe\2D13.1An Act to ensure, in consultation with institutions oflocal self-government andGram Sabhas established urder the Constitution, a humane, participative,informed and trarsparent process for land acquisition for industrialisation,development ofessential infrastructural facilities and urbanisation with theleast disturbance to the owners ofthe land and other affected families andprovide just and fair compensation to the affected families whose land hasbeen acquired or proposed to be acquired or are affected by such acquisitionand make adequate provisions for such affected persons for their rehabilitationand resettlement and for ensuring that the cumulative outcome of compulsoryacquisition should be that affected persons become partners in developmentleading to an improvement in their post acquisition social and economic satusand for matters connected therewith or incidental thereto.Be it enacted by Parliament in the Sixty-founh Year oftlre Republic oflndiaas follows:-

CHAPTER IPtr:Ltvtlenyt. (/) This Act may be called the Right to Fair Compensation and Transparency in

LandAcquisition, Rehabilitation and ResettlementAct, 2013.Shorl title,extent andcommencement.

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THE GAZETTE OF INDIA EXTRAORDINARY [Penr II-(2) It extends Io the whole oflndia except the Stats of Jammu and Kashmir.(_i) It shall come into force on such date as the Central Covernment may, by notificationin the Official Cazette, appoint:Provided that the Central Govemment shall appoint such date within three monthsfrom the date onwhich the Right to Fair Compensation'and Transparency in LandAcquisition,Rehabilitation and Resettlement Bill, 2013 receives the assent ofthe president.

Apptication of 2. (/) The provisions ofthis Act relating to land acquisitiorl compensation, rehabilitationAcL and resenlement, shall apply, when the appropriate Covernment acquires land for its ownuse, hold and control, including for Public Sector Undertakings and for public purpose, andshall include the following purposes, namely:-(a) for srrategic purposes relating to naval, military air force, and armed forces ofthe Union, including central paramilitary forces orany work vitalto national security ordefence of India or State police, safety ofthe people; or(r) for infrastructure projects, which includes the following, namely:-

(i) all aclivities or items listed in the notification of the Government ofIndia in the Department of Economic Affairs (lnfrastructure Section) numberl3/6/2009-lNF, dated the 27th March,2012, excluding privare hospitals, privareeducational institutions and private hotels;(ii) projects involving agro-processing, supply of inputs to agriculture,warehousing, cold storage facilities, marketing infrastructure for agriculture andallied activities such as dairy fisheries, and meat processing, set up or owned bythe appropriate Government or by a farmers' cooperative or by an institution setup under a statute;(lii) project for industrial corridors ormining activities, national investmentand manufacturing zones, as designated in the National Manufacturing Policy;(iv) project for water harvesting and water conservation structures,

sanitation:(v) project for Covemment administered, Covemment aided educationaland research schemes or institutions:(yi) project for spons. heath care, tourism, transportation or spaceprogrammel. (vii) any infrastructure facility as may be notified in this regard by theCenlral Covemment and after tabling ofsuch notification in Parliament;

(c) proj ect for proj ect affected fanr i I ies I(d) project for housing for such income groups, as may be specified from time totime by the appropriate Goyernment;(e) project for planned development or the improvement ofvillage sites or anysite in the urban areas or provision of land for residential purposes for the weakersections in rural and urban areasi(fl project for residential purposes to the poor or landless or Io persons residingin areas affected by natural calamities, orto persons displaced or affected by reason ofthe implementation ofany scheme undertaken by the Covemment, any local authorityor a corporation owned or controlled by the State.

(2) The provisions of this Act relating to land acquisition, consent, compensation.rehabilitation and resettlement, shall also apply, when the appropriate Government acquiresland for the following purposes, namely:--(d) for public private partnership projects, where the ownership of the landcontinues to vest with the Government, for public purpose as defined insub-section (/);

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2 ol 2007 .

Sec.2l THE GAZETTE OF INDIA EX RAORDINARY(r) for private companies for public purpose, as defined in sub-section (/):Provided that in the case ofacquisition for-

(r) private companies, the prior consent ofat least eighty percent. ofthoseaffected families, as defined in sub-clauses (i) and (v) ofclause (c) ofsection 3;and (ir) public private partnership projects, the priorconsent ofat least seventyper cent. ofthose affected families, as defined in sub-clauses (r) and (v) ofclause(c) ofsection 3,

shall be obtained through a process as may be prescribed by the appropriateCovemment:Provided further that the process ofobtaining the consent shall be carried out alongwith the Social Impact Assessment study referred to in section 4:Provided also that no land shall be transfened by way ofacquisition, in the ScheduledAreas in conravention of any law (including any order or judgment of a court which hasbecome final) relating to land transfer. prevailing in such Scheduled Areas.(3) The provisions relatingto rehabilitation and resetrlement underthisAct shallapplyin the cases where,-

(a) a private company purchases land, equal to or more than such limits in ruralareas or urban areas, as may be prescribed by the appropriate Covemmenq throughprivate negotialions with the owner ofthe land in accordance with the provisions ofsection 46;(b) a private company requests the appropriate Govemment for acquisition ofapart ofan area so prescribed for a public purpose:

Provided that where a private company requests the appropriate Govemment for partialacquisition ofland for public purpose, then, the rehabilitation and resettlement entitlementsunder the Second Schedule shall be applicable for the entire area which includes the landpurchased by the private company and acquired by the Govemment for the project as awhole.3. In this Act, unless the context otherwise requires,- Dfinirions

(a) "Administrator" means an officerappoinred for the purpose ofrehabilitationand resettlement ofaffected families under sub-section (,1) ofsection 43;(6) "affected area" means such area as may be notified by the appropriateGovemment for the purposes of land acquisition;(c) 'affected family" includes-

(r) a family whose land or other immovable property has been acquired;(ir) a family which does not own any land but a member or members ofsuch family may be agricultural labourers, tenants including any form oftenancyor holding ofusufruct right, share-croppers ot artisans or who may be workingin the affected area for three years prior to the acquisition of the land, whoseprimary source oflivelihood stand affected by the acquisition of land;(ii, the Scheduled Tribes and other traditional forest dwelleB who havelost any oftheir forest rights recognised under the Scheduled Tribes and OtherTraditional Forest Dwellers (Recognition of Forest Righ6) Act, 2006 due toacquisition of landl(rv) fumily whose primary source oflivelihood for three years pdorto lheacquisition of the land is dependent on forests or water bodies and includesgatherers offorest produce, hunters, fisher folk and boatrnen and such livelihood

is.affected due to acquisition ofland;


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THE GAZETTE OF INDIA EXTRAORDINARY [PART II-(v) a member of the family who has been assigned land by rhe StateGovemment or the Central Government under any ofits schemes and such landis under acquisition;(vr) a family residing on any land in the urban areas for preceding threeyears or more prior to the acquisition of the land or whose primary source oflivelihood for three years prior to the acquisition of the land is affected by theacquisition of such landi

(d) "agricultural land" means land used for the purpose of--(r) agriculture or horticulturei(lr) dairy farming, poultry farming, pisciculture, sericulture, seed farmingbreeding of livestock or nursery growing medicinal herbs;(iu) raising ofcrops, trees, grass or garden produce; and(rv) land used for the grazing ofcattle;

(e) "appropriate Govemment" means,-(i) in relation to acquisition ofland situated within the territory of, a State,the State Covernment:(i,) in relation to acquisition ofland situated within a Union territory (exceptPuducherry), the Central Govemment;(iii) in relation to acquisition ofland situated within rhe Union terlirory ofPuducherry, the Covgmmenl ofUnion tenitory ofPuducherry;(rv) in relation to acquisition of land for public purpose in more than oneState, the Central Government. in consultation with the concerned StateGovemments or Union territories; and(v) in relation to the acquisition of land for the purpose of the Union asmay be specified by notification, the Central Govemment:Provided that in respect ofa public purpose in a District for an area notexceeding such as may be notified by the appropriate Government, the Collectorofsuch District shall be deemed to be the appropriate Government;

(/) "Authority" meansthe LandAcquisition and Rehabilitation and ResettlementAuthority established under section 5l;G) "Collector" means the Collector ofa revenue district, and includes a DeputyCommissioner and any ofiicer specially designated by the appropriate Govemment toperform the funclions ofa Collector under this Act;(i) "Commissionet''means the Commissioner for Rehabilitation and Resettlementappointed under sub-section (/) of section 44;(i) "cost of acquisition" includes-

(r) amount of compensation which includes solatium, any enhancedcompensation ordered by the Land Acquisition and Rehabilitation andResettlement Authority or the Court and interest payable thereon and any otheramount determined as payable to the aflected families by such Authority or Court;0I) demunage to be paid for damages caused lo rhe land and standingcrops in the process of acquisition;(r]i) cost ofacquisition ofland and building for settlement ofdisplaced oradversely affected familiesi(rv) cost ofdevelopment of in frastructure and amenities at the resettlementareasi

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Src.2l THE CAZETTEOF INDIA EXTRAORDINARY(v) cost of rehabilitation and resettlement as determined in accordancewith the provisions ofthis Act:(vi) administrative cosr,

(,4) for acquisition of land. including both in the project site and outof project area lands, not exceeding such percentage of the cost ofcompensation as may be specified by the appropriate Government;

(B) for rehabilitation and resettlement ofthe owners ofthe land andother affected families rvhosc land has been acquired or proposed to beacquired or other families aflected by such acquisition;(vii) cost of undertaking 'Social lmpact Assessment study';

fi) "company" meansI of l9s6 (r) a company as defined in section 3 ofthe Companies Acr, 1956. otherthan a Government company:2l ol l860. (ir) a society registered under the Societies Registration Act, 1860 or under

any corresponding law for the tinre being in force in a State;(/


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(r) "land owner" includes any person,-(i) whose name is recorded as the owner ofthe land or building or partthereof, in the records ofthe authority conceroed; or(rr) any person who is granted forest rights under the Scheduled Tribesand Other Traditional Forest Dwellers (Recognition of Forest Rights)Act,2006 2of2007.

or under any other law for the time being in force; or(iii) who is entitled to be granted Patta rights on the land under any law ofthe State including assigned lands: or(iv) any penon who has been declared as such by an order ofthe court orAuthorityi

(s) "local authority" includes a town planning authority (by whatever namecalled) set up under any Iaw for the time being in force, a Panchayat as defined in article243 and a Municipality as defined in anicle 2438 ofthe Constitution;(r) "marginal farmer" means a cultivator with an un-irrigated land holding up toone hectare or irrigated land holding up ro one-halfhectare;(r) "market value" means the value of land determined in accordance withsectiorn 26;

THE GAZETTE OF INDIA EXTRAORDINARY [Parr ll-

(v) "notitication" means a notificalion published in the Gazette oflndiaor, as thecase may be, the Gazette of a State and the expression "notiry" shall be construedaccordingly;(w) "patta" shall have the same meaning as assigned to it in the relevant Centralor Slate Acts or rules or regulations made thereunder;(x) "person interested" means-

(i) all persons claiming an interest in compensation to be made on accduntofthe acquisition of land under this Act;(rr) the Scheduled Tribes ancl other traditional forest dwellers, who havelost any forest rights recognised under the Schcduled Tribes and Other TraditionalForest Dwellers (Recognition ofForest Rights) Act, 2006;(iir) a person interested in an easement affecting the land;(iv) persons having tenancy rights under the releyant State laws includingshare-croppers by whatever name they may be called; and(v) any person whose primary source oflivelihood is likely to be adverselyaffected;

(y) "prescribed" means prescribed by rules made under this Act;(z) "project" means aproject forwhich land is being acquired, irrespective ofthe

number of persons affected;(za) "public purpose" means the activities specified under sub-section (,1) ofsection 2;(26) "Requiring Body" means a company, a body corporate, an institution, orany other organisation or person for whom land is to be acquired by the appropriateGovemment, and includes the appropriate Govemment, ifthe acquisition ofland is forsuch Covemment either for its own use or for subsequent transfer ofsuch land is forpublic purpose to acompany, body corporate, an institution, orany other organisation,

as the case may be, under lease, licence or lhrough any other mode oftransfer ofland;(zc) "Resettlemenl Area" means an area where the affected families who havebeen displaced as a result of land acquisition are resettled by the appropriateGovemment;

2 of 2007 .

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Src. 2l THE GAZETTE OF' INDIA EXTRAORDINARY

40 of 1996 (-zd) "Scheduled Areas,, means the Scheduled Areas as defined in section 2 ofthe Provisions ofthe panchayats (Extension to the Scheduled Areas) Act, 1996;(:e)'.small farmer,'means a cultivatorwith an un-inigated land holding upto twohectares or with an irrigated land holding up to one hecrarJ, but mor than tie'holdingofa marginal farmer

CHAPTER IIDelsnuttatrolv oF soctAl tMpAcr AND puBl-tc puRposE

A._PRELIM INARY INI/ESTIGATION FOR DETERMINATION OF SOCIAL IMPACT AN DPUBLlC PURPOSE4. (/).Whenever the appropriate Govcrnment intends to acquire land for a publicpurpose, it shall consult the concemed panchayat. Municipality or Municipal Corpoiation,as the case may be, at village level or ward level, in rhe affected area and cirry oui a SociaiImpact Assessment study in consultation with them, in such manner and ftom such date asmay be specified by such Government by notification.(2) The notification issued by the appropriate Government for commencement ofconsultation and ofth Social Impact Assessment study under sub_section (/) shall be madeavailable in the local language lo the panchayat, Municipality or Municipai Corporation, as.the case may be, and in the offices ofthe District Coltector,itre SuU-Oirisionai Magistrareand the Tehsil. and shall be published in the affected areas, in such manner as may beprescribed, and uploaded on the website ofthe appropriate Covernment:. Provided that the appropriate Govemment shall ensure that adequate representationhas been given to the representativesofpanchayat, Gram SaUna, fvfunicipality or MunicipalCorporation, as the case may be, at the stage oicarrying out the Social lmpact Assessmentstudy:

" , ,ai:"i&9 funher that the appropriate covernment shall ensure rhe completion ofthe50crar rmpact Assessment study within a period of six months from the date of itscommencement.. (3)The Social Impact Assessment study report referred to in sub-section (/) shall bemade available to the public in the manner prescribed under section 6.. (4) The Social lmpact Assessment sludy referred to in sub-section (/) shall, amongstother matters, include all the following, namely:_(a) assessment as to whether the proposed acquisition serves public purpose;(b) estimation ofaffeoed families and the number offamilies among them likelyto be displaced;(c) extent of lands, public and private, houses, settlements and other commonpropenies likely to be aflected by the proposed acquisition;(d) whether the extent of land proposed for acquisition is the absolute bare-minimum extent needed for the projeci

^ (e).whether rand acquisition at an artenrate prace has been considered and foundnot feasible;. (/) study ofsociar impacts ofthe project, and the nature and cost ofaddressingthem and the impacl of these costs on th; overall costs of the project vli_a-vr thlbenefits ofthe project:

Provided that Environmenlal lmpact Assessment stud1,, if any, shall be canied outsimultaneously and shall not be contingent upon the compietion'of the Social ImpactAssessment study.(5) While undertaking a Social Impact Assessment study under sub_section (/), theappropriale Govemment shall, amongst other things, take into consideration the impacl thatthe project is likely to have on various conrponents such as livelihood ofafrected families,public and community properties, assets and infrastructure panicularly roads, public transpon,

Preparation ofSocial Impactstudy.


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Public hearingtbr SociallmpactAssessmenl.

Publrcation ofSocial lmpBctstudy.

THE CAZETTE OF INDIA EXTRAORDINARY [PARr II-drainage, sanitation, sources ofdrinking water, sources ofwater for cattle. community ponds,grazing land, plantations, public utilities such as post offices, fair price shops, food storagegodowns, electricity supply, health care facilities, schools and educational or training facilities,anganwadis, children parks, places ofworship,land for traditional tribal institutions and burialand cremation grounds.

(O The appropriate Govemment shall require the authority conducting the SocialImpactAssessment studyto prepare a Social lmpact Management Plan,listingthe ameliorativemeasures required to be undertaken for addressing the impact for a specific componentreferred to in sub-section (5), and such measures shall not be less than what is providedunder a scheme or programme, in operation in that area, ofthe Central Covemment or, as thecase may be, the State Govemment, in operation in the affected area.

5. Whenever a Social Impact Assessment is required to be prepared under section 4,the appropriate Government shall ensure that a public hearing is held at the affected area,after giving adequate publicity about the date, time and venue for the public hearing, toascertain the views ofthe affected families to be recorded and included in the Social ImpactAssessment Report.

6. (/) The appropriate Covernment shall ensure that the Social Impact Assessmentstudy report and the Social Impact Management Plan relbned to in sub-section (6) ofsection 4are prepared and made available in the local language to the Panchayat, Municipality orMunicipalCorporation, as the case may be, and the oflices ofthe Districi Collecto( the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas' in suchrnanner as may be prescribed, and uploaded on the website ofthe appropriare Government.

(2) Wherever Environment lmpact Assessment is carried out, a copy of the SocialImpact Assessment report shall be made available to the lnpact Assessment Agencyauthorised by the Central Government to carry out enYironmental impact assessment:

Provided that, in respect of irrigation projects where the process of Environmentlmpact Assessment is required under the provisions of any other law for the time being inforce. the provisions of this Act relating to Social Impact Assessment shall not apply'B.-APPRAISALOF SOCIAL IMPACT ASSE.SSMENT REPORT BY AN EXPERTAROUP

7. (/) The appropriate Govemment shall ensure that the Social lmpact Assessmentreport is evaluated by an independent multi-disciplinary Expert Group, as may be constitutedby it.

(2) The Expert Group constituted under sub-section (/) shall include the following,namely:-(a) two non-oflicial social scientists;(r) two representatives of Panchayat. Gram Sabha. MuniciPality or Municipal

Corporation. as the case maY be:(c) two experts on rehabilitation: and(d) a technical expert in the subject relating to the project.

(3) The appropriate Covemment may nominate a person llom amongstthe members ofthe Expert Group as the Chairperson ofthe Group.

(4) Ifthe Expert Group constituted under sub-sebtion (,1), is ofthe opinion that,-(a) the project does nol serve any public purpose; or(6) the social costs and adverse social impacts of the project outweigh the

potential benefits.it shall make a recommendation within two months from the date of its constitution to theffect that the project shall be abandoned forthwith and no further steps to acquire the landwill be initiated in respect ofthe same:

Appraisal ofSocial lmpactrepon by anExpert Group.


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Sec. 2l THE GAZETTE OF INDIA EXTRAORDINARYProvided that the grounds for such recommendation shall be recorded in writing by

the Expert Croup giving the details and reasons for such decision:Provided further that where the appropriate Covernment, inspite of such

recommendations, proceeds with the acquisition. then, it shall ensure that its reasons fordoing so are recorded in writing.(5) Ifthe Expen Group constituted under sub-section (/), is ofthe opinion that,-

(d) the project will serve any public purpose; and(b) the potential benefits outweigh the social costs and adverse social impacts,

it shall make specific recommendations within two months from the date of ils constitutionwhether the extent of land proposed to be acquired is the absolute bare-minimum extentneeded for the project and whether there are no other less displacing options available:

Provided that the grounds for such recommendation shall be recorded in writing bythe Expert Group giving the details and reasons for such decision.

{6) The recommendations ofthe Expert Croup refened to in sub-sections (4) and (5)shall be made available in the local language to the Panchayat, Municipality or MunicipalCorporation, as the case may be, and the offices ofthe District Collector, the Sub-DivisionalMagistrate and the Tehsil, and shall be published in the affected areas, in such manner asmay be prescribed and uploaded on the website ofthe appropriate Covemment.8, (/) The appropriate Covernment shall ensure that-

(a) there is a legitimate and bonafide public purpose for the proposed acquisitionwhich necessitates the acquisition ofthe land identifiedl(b) the potential benefits and rhe public purpose refened to in clause (a) shalloutweigh the social cosls and adverse social impacl as deterrnined by theSocial Impact Assessment that has ben carried out;(c) only the minimum area of land required for the project is proposed to be

acq uired:(d; there is no unutilised land which has been previously acquired in the area;(e) the land, ifany, acquired earlier and remained unutilised, is used for suchpublic purpose and nrake recommendations in respect thereof.

(2) The appropriate Covemment shall examine the report ofthe Collector, ifany, andthe repon ofthe Expert Group on the Social Impact Assessment study and after consideringall the reports, recommend such area for acquisition which would ensure minimumdisplacement ofpeoplc, minimum disturbance to the infrastructure, ecology and minimumadverse impact on the individuals affected.(3) The decision ofthe appropriate Covemment shall be made available in the local

language to the Panchayat, Municipality or MunicipalCorporation. as the case may be, andthe offices ofthe District Collecto( the Sub-Divisional Magistrate and the Tehsil, and shallbe published in the afFected areas, in such manner as may be prescribed, and uploaded onthe website ofthe appropriate Covemment:Provided that where land is sought to be acquired for the purposes as specified in sub-section (2) ofsection 2, the appropriare Covemment shall also ascenain as to whether lheprior consent of the affected families as required under the proviso to sub-section (2) ofsection 2, has been obtained in the manner as may be prescribed.9. Where land is proposed to be acquired invoking the urgency provisions undersection 40, th appropriate Govemment may exempt undertaking of the Social tmpactAssessment study.

Examinationof proposalsfor landacqulsilron andSocial lmpactreporl byappropriateGovernmenl.

Exenrptionfrom SociallmpactAssessment.


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l0 THE CAZETTE OF INDIA EXTRAORDINARY [Penr IICHAPTER III

SpECTAL pRovrstoN 'ro sAILGUARD FooD sEcuRtry10. (/) Save as otherwise provided in sub-section (2), no irigated multi-cropped landshall be acquired under this Act.(2) Such land may be acquired subject to the condition that it is being done underexceptional circumstances, as a demonstrable last resort, where the acquisition ofthe landrefened to in sub-section (/) shall, in aggregate for all projects in a district or State. in no case

exceed such limits as may be notified by the appropriate Government considering the relevantState specific factors and circumstances.

(3) Whenever multi-crop irrigated land is acquired under sub-section (2), an equivalentarea of culturable wasteland shall be developed for agricultural purposes or an amountequivalentto the value ofthe land acquired shallbe deposited with the appropriate Govemmentfor investment in agriculture for enhancing food-security.(4) In a case not falling under sub-section ( /). the acquisition ofthe agricultural land inaggregate for all projects in a district or State, shall in no case exceed such limits ofthe totalnet sown area ofthat dislrict or State, as may be notified by the appropriate Covernment:Provided that the provisions ofthis section shall not apply in the case ofprojects that

are linear in nature such as those relating to railways, highways. major district roads. irrigationcanals. power lines and the like.CHAPTER IV

NoIl.lcATtoN AND ACeutslIoNll. (,1) Whenever, it appears to the appropriate Covernment that land in any area isrequired or likely to be required for any public purpose, a notification (hereinafter referred toas preliminary notification) to that effect along with details ofthe land to be acquired in ruraland urban areas shall be published in the following manner, namely:-

(a) in the Oflicial Gazette;(6) in two daily newspapers circulating in the locality ofsuch area ofwhich oneshall 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 oflices of the District Collectol the Sub-divisionalMagistrate and the Tehsil;(d) uploaded on the website ofthe appropriate Govemment;(e) in the affected areas, in such manner as may be prescribed.

(2) lmmediately after issuance ofthe notification under sub-section ( /), the concemedGram Sabha or Sabhas at the village level. municipalities in case ofmunicipal areas and theAutonomous Councils in case oftheareas referred to in the Sixth Schdule tothe Constitution,shall be informed ofthe contents ofthe notification issued under the said sub-section in allcases of land acquisition at a meeting called especially for this purpose.(J) The notification issued under sub-section (/) shall also contain a statement on thenature of the public purpose involved, reasons necessitating the displacement of affectedpersons, summary ofthe Social lmPact Assessment Report and particulars ofthe Administratorappointed for the purposes of rehabilitation and resettlement under section 43.

(y') No person shall make any transaction or cause any ransaction ofland specified inthe preliminary notification or create any encumbrances on such land from the date ofpublication of such notification till such time as the proceedings under this Chapter arecompleted:Provided that the Collector may, on the application made by the owner ofthe land sonotified, exempt in special circumsrances to be recorded in writing, such ovmer from theoperation of this sub-section:

Specialprovision tosafeguard fbodsecurity.

Publication ofpreliminarynotificationand power ofofliccrsthereupon.


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Sr,c.2l TH E CAZETTE OF INDIA EXTRAORDINARYProvided funher that any loss or injury suffered by any person due to his wilfulviolation ofthis provision shall not be made up by the Collector(5) After issuance ofnotice under sub-section ( 1), the Collector shall, before the issueofa declaration under section 19, undertake and complete the exercise ofupdating of land

records as prescribed within a period of two months.12. For the purposes ofenabling the appropriate Govemment to determine the extentofland to be acquired, it shall be lawful for any officer, either generally or specially authorisedby such Covernment in this behalf. and for his servants and workmen,-(a) to enter upon and survey and take levels ofany land in such locality;(b) to dig or bore into the sub-soill(c) to do all other acts necessary to ascertain whether the land is adapted forsuch purpose;(d) to set out the boundaries ofthe land proposed to be taken and the intendedline ofthe work (ifany) proposed to be made thereoni and(e) to mark such levels. boundaries and line by placing marks and cutting trenchesand where otherwise the survey cannot be completed and the levels taken and theboundaries and Iine marked. to cut down and clearaway any part ofany standing crop,fence orjungle:

Provided that no act under clauses (a) to (e) in respect of land shall be conducted inthe absence ofthe owner ofthe land or in the absence ofany person authorised in writing bythe owner:Provided further that the acts specified under the first proviso may be undenakenin the absence ofthe owner, ifthe owner has been afforded a reasonable opportunity tobe present during the survey, by giving a notice of at least sixty days prior to suchsurvey:Provided also that no person shall enter into any building or upon any enclosed courtor garden attached to a dwelling-house (unless with the consent of the occupier thereoflwithout previously giving such occupier at least seven days' notice in writing ofhis intentionto do so.13. The officer so authorised under section 12 shall at the lime of entry undersect ion I 2 pay or tender payment for any damage caused, and, in case of d ispute as to thesufficiency of the amount so paid or tendered. he shall at once refer the dispute to thedecision ofthe Collector or other chiefrevenue officer ofthe district, and such decisionshall be final.14. Where a preliminary notification under section I I is not issued within twelvemonths from the dale ofappraisal ofthe Social Impact Assessmenl repon submitted by theExpert Group under section 7, then, such report shall be deemed to have lapsed and a fresh

Social Impact Assessment shall be requ ired to be undertaken prior to acquisition proceedingsunder section I l:Provided that the appropriate Govemment, shall have the power to extend the periodoftwelve months, if in its opinion circumstances existjustirying the same:Provided further that any such decision to extend the period shall be recorded inwriting and the same shall be notified and be uploaded on the website of the authorityconcerned.

ll

Preliminarysuftey of landand power ofofficrs locarry outsurvey.

Payment fordamagc.

Lapso ofSocial lmpacrAssessmentreporl.

15. (/) Any person interested in any land which has been notified under sub-section Heanng of( /) of section I l, as being required or likely to be required for a public purpose, may within obiections.sixty days from the date ofthe publication ofthe preliminary notificition, object to--

(a) the area and suitability of land proposed to be acquired;


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t2 THE GAZETTE OF INDIA EXTRAORDINARY IPARr I l-

Preparation ol'Rehahilitationand Reseltle-menl Schemeby theAdmrnistrator

(b)justification offered for public purpose;. (c) the findings ofthe Social Impact Assessment repon.(2) Eyery abjection under sub-section (/) shall be made to the Colleclor in wriling, and

the Collector shall give the objector an opportunity of being heard in person or by anyperson authorised by him in this behalfor by an Advocate and shall, after hearing all suchobjections and after making such funher inquiry. ifany, as he thinks necessary, either makea repon in respect ofthe land which has been notified under sub-section (/) ofsection I I , ormake different reports in respect of different Parcels of such land, to the appropriateGovemmnt, containing his recommendalions on the objections, together with the record ofthe proceedings held by him along with a separate report givingtherein the approximate costofland acquGition, paniculars as lo th number ofaffected families likely to be resettled. forthe decision ofthat Govemment.

(.1) The decision of the appropriate Covemment on the objections made under sub-section (2) shall be final.

16. (r) Upon the publication ofthe preliminary notification under sub-section (/) ofsection I I by the Collector, the Administrator for Rehabilitation and Resenlement shallconduct a survey and undertake a census ofthe aftbcted families, in such manner and withinsuch time as may be Prescribed, which shall include

(a) particulars oflands and immovable properties being acquired ofeach affectedfamilyl

(6) livelihoods lost in resPect ofland losers and landless whose livelihoods areprimarily dependent on thc lands being acquiredi(c) a list ofpublic utilitjes and Govemment buildings which are affected or likely

to be alTected, where resetllement ofaffected families is involved;(d) details of the amenities and infrastructural facilities which are affected orlikely to be affected, where resettlement ofaffected families is involved; and(e) details ofany common property resources being acquired'(2) The Administrator shall, based on the survey and census under sub-section (/)'

prepare a draft Rehabilitation and Resettlemcnt Scheme, as prescribed which shall includeparticulars ofthe rehabilitation and resettlement entitlements ofeach land owner and landlesswhose livelihoods are primarily dependent on the lands being acquired and where resettlementofaffected families is involved-

(i) a list ofGovemment buildings to be provided in the Resettlement Area;(ii) dtails of the public amenities and infrastructural facilities which are to be

provided in the Resettlement Area.(3) The draft Rehabilitation and Resettlemnt scheme referred to in sub-section (2)

shall inciude 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

concemed Gram Sabhas or Municipalities.(J) A public hearing shall be conducted in such mannr as may be prescribed, aftergiving 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 Gram Panchayat

or Municipality, public hearings shall be conducted in every Gram Sabha and Municipalitywhere moie than't'renty-five pir cent. ofland belonging to that Gram Sabha or Municipalityis being acquired:

ProvidedfurtherthattheconsultationwiththeGramsabhainscheduledAreasshallbe in accordance with the provisions ofthe Provisions ofthe Panchayats (Extension to theScheduledAreas)Act, 1996. 40 ot 1996.


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Scc.2l TH E CAZETTE OF INDIA EXTRAORDINARY t3(O The Administrator shall, on completion ofpublic hearing submit the draft Schemefor Rehabilitation and Resettlement along with a specific report on the claims and objectionsraised in the public hearing to the Collector.17. ( i ) The Collector shall review the draft Scheme submitted under sub-section (O of

section l6 by the Administrator with the Rehabilitation and Resettlement Committee at theproject level constituted under section 45:(2) The Collector shall submit the draft Rehabilitation and Resettlemenr Scheme withhis suggestions to the Commissioner Rehabilitation and Resettlement for approval of theScheme.18. The Commissioner shall cause the approved Rehabilitation and Resettlement Schemeto be made available in the local language to the Panchayat, Municipality or MunicipalCorporation. as the case may be, and the offices ofthe District Collector, the Sub-DivisionalMagistrate and the Tehsil, and shall be published in the affected areas, in such manner asrnay be prescribed. and uploaded on the website ofthe appropriate Government.19. (/) When the appropriate Govemment is satisfied, after considering the report. if

any, made under sub-section (2) ofsection 15. that any particular land is needed for a publicpurpose, a declaration shall be made to that effect, along with a declaration of an areaidentified as the "resetllement area" for the purposes ofrehabilitation and resettlement oftheaffected families, under the hand and seal ofa Secretary to such Covemment or ofany otherofficer duly authorised to certi0, its orders and different declarations may be made from timeto time in respect ofdifferent parcels ofany land covered by the same preliminary notificationirrespective of whether one report or different reports has or have been made (whereverrequired).(2) The Collector shall publish a summary of rhe Rehabilitation and ResettlementScheme along with declaration referred to in sub-section (/):Provided that no declaration under this sub-section shall be made unless the summaryofthe Rehabilitation and Resettlement Scheme is published along with such declaration:Provided funher that no declaration under this sub-section shall be made unless theRequiring Body deposits an amount, in fullor part, as may be prescribed by the appropriateCovernment toward the cost ofacquisition ofthe land:Provided also that the Requiring Body shall deposit the amount promptly so as toenable the appropriate Government to publish the declaration within a period of twelvemonths fiom the date ofthe publication ofpreliminary notification under section I l.(J) In projects where land is acquired in stages, the application for acquisition itselfcan specify different stages for the rehabilitation and resettlement, and all declarations shallbe made according to the stages so specified.(y') Every declaration referred to in sub-section (,1) shall be published in the followingmanner, namely:-

(a) in the Official Cazene;(b) in two daily newspapers being circulated in the locality, ofsuch area ofwhichone shall be in the regional language;(c) inthe local language in the Panchayat, Municipality orMunicipal Corporation,as the case may be, and in the ofiices of the District Collector, the Sub-DivisionalMagisFate and the Tehsil:(d) uploaded on the website ofthe appropriare Govemment;(e) in the affected areas, in such manner as may be prescribed.

(J) Every declaration referred lo in sub-section (/) shall indicate,-(a) the district or other territorial division in which the land is situated;

Revicw of theIlehabilitationand Resettle-menl Scheme.

ApprovedRehabilitationand Resettle-menl Schemeto be madepublicPublication ol'declaraiionand summaryof Rchabilita-tio[ andRcsetllement.


14/45

l,l THE CAZETTE OI.' INDIA EXTRAORDINARY [Pmr ll-(b)the purpose for which it is needed. its approximate area: and(c) where a plan shall have been made for the land. the place at which such plan

may be inspected without any cost.(6) The declaration referred to in sub-section (/) shall be conclusive evidence that the

land is required for a public purpose and. after making such declaration, the appropriateGovernment may acquire the land in such manner as specified under this Act.( 7) Where no declaration is made under sub-section ( /) within twelve months from the

date of preliminary notification, then such notification shall be deemed to have been rescinded:Provided that in computing the period referred lo in this sub'-section. any period orperiods during which the proceedings for the acquisition ofthe land were held up on accountofany stay or injunction by the order ofany Coun shall be excluded:Provided funher that the appropriate Government shall have the power to extend the

period oftwelve months, if in its opinion circumstances existjustifying the same:Provided also that any such decision to extend the period shall be recorded in writing

and the same shall be notified and be uploaded on dte website of the authority concerned.20. The Collector shall thereupon cause the land, unless it has been already marked

out under section 12. to be marked out and measured, and ifno plan has been made thereof,a plan to be made ofthe same.

21. (/) The Collector shall publish the public notice on his website and cause publicnotice to be given at convenient places on or near the land to be taken, stating that theGovemment intends to take Possession of the land. and thal claims to compensations andrehabilitation and resettlement for all interests in such land may be made to him.

(2) The public notice referred to in sub-section ( /) shall state the particulars ofthe landso needed, and require all persons interested in the land to appear personally or by agent oradvocate before the Collector at a time and place mentioned in the public notice not beinBless than thirty days and not more than six months afler the date ofpublication ofthe notice.and to state the nature oftheir respectiye interests in the land and the amount and particularsoftheir claims to compensation for such interests. their claims to rehabilitation and resefilementalong with their objections, ifany, to the measurements made under section 20.

(J) The Collector may in any case require such statement referred to in sub-section (2)to be made in writing and signed by the parfy or his agent.

(,1) The Collector shall also serve notice to the same effect on the occupier, ifany' ofsuch land and on all such persons known or belicved to be interested therein' be entitled toact for persons so interested, as reside or have agents authorised to receive service on theirbehalf. within the revenue district in which the land is situated

(-t) In case any person so interested resides elsewhere, and has no such agent. theCollector shall ensure thar lhe notice shall be sent to him by post in lelter addressed to himat his last known residence, address ofplace or business and also publish lhe same in at leasttwo national daily newspapers and also on his website.

22. (/) The Collector may also require any such person to make or deliver to him. at atime and place mentioned (such time not being less than thirty days after the date of therequisition), a statement containing, so far as may be practicable, the name ofeYery otherperson possessing any interest in the land or any partthereofas co-proprietor, sub-proprietor.tnortgagee, tenant or otherwise. and of the nature of such interest' and of the rents andprofiis, ifany, received or receivable on account thereof for three years next preceding thedate of the statement.

Land lo bcmarked out.nrcasured andplannedrncludrngmarkinp ofspcilic areasNolicc loirtcr.stcd.

rcquire andenlbrcc tllcnraking ofto names andinleresls.


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Sr.c.2l THE GAZETTE Ot] INDIA EXTRAORDINARY(?) Every person required to make or deliver a statement under this section shall be

deemed to be legally bound to do so within the meaning ofsections 175 and 176 ofthe lndian45 or' 1860. PenalCode.23. On the day so fixed, or on any other day to which the enquiry has been adjourned, Enquiry and

the Collector shall proceed to enquire into the objections (ifany) which any person interested land acquisi-has stated pursuant to a notice given under section 21, to the ,.urur"n,.nr, made under [:'1,"";flr: ttsection 20, and into the value ofthe land at the date ofthe publication ofthe notification, andinto the respective interests ofthe persons clainring the compensation and rehabilitation andresettlement. shall make an award under his hand of*

t5

(a) the true area ofthe land:(b) the compensation as determined under section 27 along with Rehabilitationand Resettlement Award as determined under section 3l and which in his opinionshould be allowed for the land: and(c) the apportionment ofthe said compensation among all the persons known orbelieved to be interested in the land. or whom, or ofwhose claims, he has information.

wherher or not they have respectively appeared before him.24. ( /) Norwithstanding any,thing contained in this Act. in any case of land acquisitionproceedings initiated under the Land Acquisition Act. 1894,-

(a) where no award under section I I ofthe said Land Acquisition Act has beenmade, then, all provisions of this Act relating to the determination ofcompensationshall apply; or(6) where an award under said section I I has been made, (hen such proceedingsshall continue under the provisions oflhe said Land Acquisition Act, as ifthe said Acthas nol been repealed.

(2) Notwithstanding anything contained in sub-section ( /), in case of land acquisitionproceedings initiared under the Land Acquisition Act. r 894, where an award under the saidsection I I has been made five years or more prior to the commencement of this Act but thephysical possession ofthe land has not been taken or the compensation has not been paidthe said proceedings shall be deemed to have rapsed and the appropriate Government, ifit sochooses, shall initiate the proceedings ofsuch land acquisition afresh in accordance withthe provisions of this Act:

Provided that where an award has been made and compensation in respect ofa majorityof land holdings has not been deposiled in the account of rhe beneficiaries, then, ailbeneticiaries specified in the notification for acquisition under section 4 of the saidLand Acquisition Act, shall be entitled to compensation in accordance with the provisions ofthis Act.25. The Collector shall make an awatd within a period oftwelve monlhs fiom the dare period wirhinof publication ofthe declaration under section l9 and ifno award is made with in that Deriod. rvhrctr anthe entire proceedings for the acquisition ofthe land shall lapse: ' award shall hmade.Provided that the appropriate Covemment shall have the power to extend the period oftwelve months if in its opinion, circumstances exist justifoing the same:Provided funher that any such decision to extend the period shall be recorded inwriting and rhe same shall be notified and be uploaded on the website of the authorityconcerned.

DerrmrnaUonol marktvalue of landby Collector

Landacquisitionprocess undcrAct No. I of1894 shall bcdecmed lohave lapsed inccrtain cases.

26- (,1) The Colletor shall adopt the following criteria in assessing and determiningthe market value ofthe land. namely:-2 of I Eee. (a) the markd value, if any. specified in the lndian Stamp Act, 1899 for theregistrarion ofsare deeds or agreemenrs to selr. as the case may be. in the area. where

the land is situated: or


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l6 THE CAZETTE OF INDIA EXTRAORDINARY [Panr II-(b) the average sale price for similar type ofland situated in the nearest village or

nearest vicinity area: or(c) consented amount ofcompensation as agreed upon under sub-section (2) of

section 2 in case of acquisition of lands for private companies or for public privatepartnership pmjects,whichever is higher:

Provided that the date for determination ofmarket value shall be the date on which thenotification has been issued under section I l.Explqnalion l.-The average sale price referred to in clause (b) shall be determinedtaking into account the sale deeds orthe agreements to sell registered for similartype ofarea

in the near village or near vicinity area during immediately preceding three years ofthe yearin which such acquisition of land is proposed lo be made.E planalion 2.-For determining the average sale price refe fiedto in Explanqtion l,one-halfofthe.total number ofsale deeds or the agreements to sell in which the highest saleprice has been mentioned shall be taken into account.Explanation 3.-rvhile determining the market value under this section and the averagesale price referred toin Explanation I or Explanation 2, any price paid as compensation forland acquired under the provisions ofthisAct on an earlier occasion in the district shall not

be taken into consideration.Explanat ion 4 .-Wh ile determ in ing the market value under this section and the average

sale price referred to in Explanation I or Explonation2. any price paid' which in the opinionofthe Collector is not indicative ofactual prevailing market value may be discounted for thepurposes of calculating market value.(2) The market value calculated as per sub'section (/) shall be multiPlied by a factor to

be specified in the First Schedule.(J) Where the market value under sub-section (/) or sub'section (2) cannot be

determined for the reason that-(a) the land is situated in such area where the transactions in land are restricted

by or under any other law for the time being in force in that area; or(b) the registered sale deeds or agreements to sell as mentioned in clause.(a) of

sub-section ( /) for similar land are not available for the immediately preceding threeyears; or(c) the market value has not been specified under the Indian StampAct, l899by 2 of 1899'

the appropriate authority,the State Covemment concerned shall speciry the floor price or minimum price per unit areaofthe said land based on the Price calculated in the manner specified in sub-section (/) inrespect of similar types of land situated in the immediate adjoining areas:

Provided that in a case where the Requiring Body offers its shares to the owners ofthelands (whose lands have been acquired) as a part compensation, for acquisition of land,such shares in no case shall exceed twenty-five per cent. ofthe value so calculated undersub-section (/) or subsection (2) or sub-section (3) as the case may be:

Provided further that the Requiring Body shall in no case compel any ovmer ofthe land(whose land has been acquired) to take its shares, the value of \Yhich is deductible in thevalue ofthe land calculated under sub-section (/):

Provided also that the Collector shall, before initiaton of any land acquisitionproceedings in any area, take all necessary steps to revise and update the market value oftheland on the basis ofthe prevalent market rate in that area:' Provided atso that the appropriate Govdinment shall ensure that.the market -valuedetermined for acquisiiion ofany land or proprty ofan educational institution established


17/45

Sr.c.2l THE CAZETI'E OF INDIA EXTRAORDINARY t'7and administered by a religious or linguistic minority shall be such as would not reslrict orabrogate the right to establish and administer educational institutions oftheir choice.

27. The Collector having determined thc market value ofthe land to be acquired shallcalculate the total amount of compensation to be paid to the land owner (whose land hasbeen acquired) by including all assets attached to the land.28. In determining the amount ofcompensation ro be awarded for land acquired underthis Act. the Collector shall take into consideration-

/ii"sl//, the market value as determined under scction 26 and the award amount inaccordance with the First and Second Schedules:secondly, the damage sustained by the person interested, by reason of thetaking of any standing crops and trees which may be oh the land at the time of theCollector's taking possession thereof;thirdly, the damage (ifany) sustained by the person interested, at the time oftheCollector's taking possession of the land. by reason of severing such land from hisother land:lburthly, the damage ( if any) sustained by the person interested. at rhe tim ofthe Collector's taking possession ofrhe land. by reason ofthe acquisition injuriouslyaflecting his other property. movable or immovable. in any other manner, or hisiamings;/lihlr; in consequence ofthe acquisition ofthe land by the Collector, the personinterested is compelled to change his residence or place ofbusiness, the reasonableexpenses (if any) incidental to such change;.rixrrlx the damage ( if any) bona fidc resulting frorn dim inution ofthe profits ofthe land between the time ofthe publication ofthe declaration under section l9 and thetinle ofthe Collector's taking possession ofthe land: andseventl y, any other ground which rnay be in the interesr of equity, j ustice andbeneficial to the affected families.

29. (,1) The Collector irr determining the market value ofthe building and other immovableproperty or assets attached to the land or building which are to be acquired, use the servicesof a competent engineer or any other specialist in the relevant lield, as may be considerednecessary by him.(2) The Collector for the purpose ofdetermining the value oftrees and plants attachedto the land acquired, use the services of experienced persons in the field of agriculture,tbrestry. honiculture, sericulture, or any other field, as may be considered necessary by him.

- (3) The Collector for the purpose ofassessing the value ofthe standing crops damagedduring-the process of land acquisition, may use the services of experienced peisons inihefield ofagriculture as may be considered necessary by him.. 30. (/) The Collector having determined the total compensation to be paid, shall, toarrive at the final award, impose a'.Solatium,' amount equivalent to one hundrid per cent. oflhe compensation amount.

Erplunqtion.-For the removal ofdoubts it is hereby declared that solatium amountshall be in addition to the compensation payable to any person whose land has been acquired.(2) The Collector shall issue individual awards detailing the paniculars ofcompensationpayable and the details ofpayment ofthe conrpensation as specified in the First Schedule.(J) In addition ro the market value ofthe land provided under section 26, the Collectorshall, in every case. award an amount calculated at th rate oftwelve per cent. per annum onsuch market value for the period commencing on and fiom the date ofthe pubiication ofthenotification of the Social Impact Assessnrent study under sub-section (2) of section 4, inrespect ofsuch land, till the date ofthe award ofthe Cotrector or the date oftaking lnssessionoflhe land, whichever is earlier.

Delcrnrinatronof aNount of

Parallletcrs Iobe colrsrdercdby (lollecl()rtn delenntna-tron ol award

Delerminatlonthingsallached toland orhuilding.

t

a


18/45

THE GAZETTE OF INDIA EXTRAORDINARY [Pe.nr ll-CHAPTERV

REHABII.ITATION AND RESETTLEMENT AWARDRehabilitation 31.( /) The Collector shall pass Rehabilitation and Resettlemenl Awards for each affectedand Resettle- family in rerms ofthe entitlements provided in the Second Schedule.ment A\Iardfor affected (2) The Rehabilitation and Resettlement Award shall include all ofthe following,farnilies by namelv:_Collector (a) rehabilitation and resettlement amount payable to the family;(b) bank account numberofthe person to which the rehabilitation and resettlement

award amount is to be transfened:(c) particulars ofhouse site and house to be allotted, in case ofdisplaced families;(d; paniculars ofland allotted to the displaced families;(e) particulars ofone time subsistence allowance and transportation allowance

in case ofdisplaced families;(/) particulars ofpaymenr for cattle shed and pefty shops:(g) particulars ofone-time amount to artisans and small traders;(i) derails of mandatory employment to be provided to the members of the

affected familiesi(i) particulars ofany fishing rights that may be involved;f) paniculars ofannuity and other entitlements to be providedl(*) particulars ofspecial provisions for the Scheduled Castes and the ScheduledTribes to be provided:

Provided that in case any oi the matters specified under clauses (a) to (t) are notapplicable to any affected family the same shall be indicated as "not applicable":Provided further that the appropriate CoYemmenl may, by notificalion increase the

rate of rehabilitation and resettlement amount payable to the affected families, taking intoaccount the rise in the price index.

Provision ol' 32. ln every resettlement area as defined under this Act, the Collector shall ensure therrrliastrucrural provision ofall infrastructural facilities and basic minimum amenities specified in the Thirdamenrues rn. :lcneoule-rcseltlcmeIl::":::-,",, to 33. (/) The collector may ar any rime. but not later than six months from the date ofawards b) award or where he has been required under the provisions ofthis Act to make a reference tocollector' the Authority under section 64, before the making ofsuch refe.'ence, by order' correct anyclerical or arithmetical mistakes in either oflhe awards or errors arising therein either on his

own motion or on the application ofany person interested or local authority:Provided that no conection which is likely to affect prejildicially any person shall be

made unless such person has been given a reasonable opportur ity ofmaking representationin the mafier.

(2) Thc Collector shall give immediate notice ofany corrcction made in the award socorrected to all the persons intere*ed.

(3) Where any excess amount is proved to have been Paid to any person as a result ofthe correction made under sub-section (/), the excess amount so paid shall be liable to beretirnded and in the case of any default or refusal to pay, the same may be recovered, asprescribed by the appropriate Government.

l8

i


19/45

SEC. 2l THE GAZETTE OF INDIA EXTRAORDINARY34. The Collector may. for any cause he thinks fit, from time to tirne adjourn the enquiry

to a day to be fixed by him.35. For the purpose of enquiries under this Act, the Collector shall have powers to

summon and enforce the attendance ofwitnesses, including the parties interested ofany ofthem, and to compel the production ofdocuments by the same means, and (so far as may be)in the same manner as is provided in the case of a Civil Courl under the Code of CivilProcedure, 1908.

36. The appropriate Govemment may at any time before the award is made by theCollector under section 30 call for any record ofany proceedings (whether by way ofinquiryor otherwise) for the purpose of satis$ing itselfas to the legality or propriety ofany findingsor order passed or as to the regularity ofsuch proceedings and may pass such order or issuesuch dirsction in relation thereto as it may think fit:

Provided that the appropriate Covemmenr shall not pass or issue any order or directionprejudicial to any person without allording such person a reasonable opportunity ofbeing heard.37. ( /) 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 personsinterested, whether they have respectively appeared before the Collector or not, ofthe truearea and market value of the land and the assets attached thereto. solatium so determinedand the apponionment ofthe compensation among the persons interested,(2) The Collector shall give immediate notice of his awards to such of the personsinterested who are not present personally or through their representatives when the awards

are made.(-r) The Collector shall keep open to the public and display a summary ofthe enrireproceedings undertaken in a case ofacquisition ofland including the amount ofcompensationawarded to each individual along with details ofthe land finally acquired under this Act onthe website created for this purpose.38. (,1) The Collector shall take possession ofland after ensuring that fi.lll payment ofcompensation as well as rehabilitation and resettlement entitlements are paid or tendered tothe entitled persons within a period ofthree monlhs for the compensation and a period ofsixmonths for the monrary part of rehabilitation and resetllement entitlements listed in theSecond Schedule commencing from the date ofthe award made under section 3O:Provided that the components ofthe Rehabilitation and Resettlement package in theSecond and Third Schedules that relate to infrastructural entitlements shall be providedwithin a period ofeighteen months from the date ofthe award:Provided further that in case ofacquisition ofland for irrigation orhydel project, beinga public purpose, the rehabilitation and resettlement shall be completed six months prior tosubmergence ofthe lands acquired.(2) The Collector shall be responsible for ensuring that the rehabilitation andresettlement process is completed in all its aspects before displacing the affected families.39. The Collector shall, as far as possible. not displace any fanrily which has alreadybeen displaced by the appropriate Govemment for the purpose of acquisition under theprovisions ofthisAct, and if so displaced, shall pay an additional compensation equivalentto that of the compensation determined under this Act for the second or successivedisplacements.40. (/) In cases of urgency, whenever the appropriate Govemment so directs, theCollector, though no such award has been made, may, on the expiration ofthirty days Aomthe publication ofthe notice mentioned in section 21, take possession ofany land needed for

a public purpose and such land shall thereupon yest absolutely in the Govemment, free fromallencumbrances.

l9

5 of 1908.

Adjournmntof enqulr,Power tosumnron andenforceattendance ofwitnesses andproduction ofdocuments.Powr to callfor records.eto.

Awards ofCollectorwhen to befinal.

Power to takepossession ofland to beacquired.

Additionalcompensationin cas ofmultipledisplacements.

Special powersin case ofurgcncy toacquirc land incenain cases.


20/45

20 THE GAZE TE OF INDIA EXTRAORDINARY IP^Rr Il(2) The powers olthe appropriate Govemment under sub-section ( /) shall be restricted

to the minimum area required for the defence oflndia or national security or for any emergenciesarising out ofnatural calamities or any other emergency with the approval ofParliament:Provided that the Collector shall not take possession of any building or part of abuilding under this sub-section without giving to the occupier thereof at least forty-eight

hours notice ofhis intention to do so. or such longer notice as may be reasonably sufficientto enable such occupier to remove his movable propeny from such building u,ithoutunnecessary inconvenience.

(3) Betbre taking possession ofany land under sub-section ( /) or sub-section (?), theCollector shall tender payment of eighty per cent. of the compensation for such land asestimated by him to the person interested entitled thereto.

(J) In the case ofany land to which. in the opinion ofthe appropriate Government, theprovisions ofsub-section ( /), sub-section (2) or sub-section (J) are applicable, the appropriateGovernment ma), direct that any or all ofthe provisions ofChapter I I to Chapter VI shall notapply, and, if it does so direct. a declaration may be made under sect ion I 9 in respect of theland at any time after the date of the publication of the preliminary notification undersub-section ( /) of section ll.(i) An additional compensation ofseventy-llve per cent. ofthe total conlpensation asderernrined under section 27. shall be paid by the Collector in respect of land and propeny foracquisition of rvhich proceedings have been initiated under sub-section (/) ofthis section:

Provided that no additional compensation will be required to be paid in case theproiect is one that affects the sovereignty and integrity of lndia, the security and strategicinterests ofthe State or relations with foreign States.

41. f/,/ As far as possible, no acquisition ofland shall be made in the Scheduled Areas.(2) Where such acquisition does take place it shall be done only as a demonstrable

last resort./J.,) In case of acquisition or alienation ofany land in the Scheduled Areas. the priorconsent ofthe concerned Cram Sabha or the Panchayats or the autonomous District Councils.

at the appropriate level in Scheduled Areas under the Fifth Schedule to the Constitution, asthe case may be, shall be obtained. in all cases of land acquisition in such areas, includingacquisition in case of urgency, before issue of a notification under this Act, or any otherCentral Act or a State Act for the time being in force:

Provided that the consent of the Panchayats or the Autonomous Districts Councilsshall be obtained in cases where the Cram Sabha does not exist or has not been constituted.

/J) ln case ofa project involving land acquisition on behalfofa Requiring Body whichinvolves involuntary displacement ofthe Scheduled Castes or the Scheduled Tribes families,a Development Plan shall be prepared. in such lbrm as may be prescribed. laying down thedetails ofprocedure for senling land righrs due, but not settled and restoring titles oftheScheduled Tribes as well as the Scheduled Castes on the alienated land by undertaking aspecial drive rorether with land acquisition.

(5) The Developrnent Plan shall also contain a progrdmme for developnrcnr ofalternalefuel, fodder and non-timber tbrest produce resources on non-forest lands within a period ofliveyean, sulficient to meet the requirements oftribal communities as well as the Scheduled Castes.

(6) ln case of land being acquired from tnembers of the Scheduled Castes or theScheduled Tribes, at least one-third of the compensation amount due shall be paid to theaffected families initially as first instalment and the rest shall be paid after taking over ofthepossession of the land.

(7) The affected t'amilies ol'the Scheduled Tribes shall be resettled preferably in thesame Scheduled Area in a compact block so that they can retain lheir ethnic, linguistic andcultural identity.

SpccialSchcdulcdScheduledInbcs.


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Sec.2l THE GAZETTE OF INDIA EXTRAORDINARY(8) The resettlement areas predominantly inhabited by the Scheduled Castes and theScheduled Tribes shall get land, to such extent as may be decided by the appropriateGovernment free ofcost for community and social gathrings.(9) Anv alienation of tribal lands or lands belonging to members of the Scheduled

Castes in disregard ofthe laws and regulations for the time being in force shall be treated asnulland void. and in the case ofacquisition ofsuch lands, the rehabilitation and resenlementbenefits shall be made available to the original tribal land owners or land owners belongingto the Scheduled Castes.( /0) The affected Scheduled Tribes. other traditional forest dwellers and the ScheduledCastes having fishing rights in a river or pond or dam in the aflected area shall be givenfishing rights in the reservoir area ofthe inigation or hydel projects.( //) Where the affected families belonging to the Scheduled Castes and the ScheduledTribes are relocated outside ofthe district. then. they shall be paid an additional twenty-fiveper cent. rehabilitation and resettlement benefits to which they are entitled in monetaryterms along with a one-tinle entitlement offifty thousand rupees.42. (l\ All benefits, including the reservation benefits available to the ScheduledTribes and the Scheduled Casres in the affected areas shall continue in the resettlement area.(2) Whenever the affected families belonging to rhe Scheduled Tribes who are residingin the Scheduled Areas referred to in the Fifth Schedule or the tribal areas referred to in theSixth Schedule to the Constitution are relocated outside those areas, than, all the statutorysafeguards. ent itlements and benefits being enjoyed by them under th is Act shall be extendedto the area to which they are resettled regardless ofwhether the resettlment area is a scheduledArea rel'erred to in the said Fifth Schedule. or a tribal area referred to in the said SixthSchedule. or not.(J) Where the community rights have been settled under the provisions ofthe Scheduled'tribes and Other Traditional Forest Dwellers (Recognition ofForest Rights) Act, 2006. thesame shall be quantified in monetary amounr and be paid to the individual concemed rvho

has been displaced due to the acquisition of land in proportion with his share in suchcornnrunity rights.CHAPTER VI

PROCEDIjRE AND MANNI:R oF REIIABILITATIoN AND RESET-ILEMENI43. (/) Where the appropriate Govemment is satisfied that there is likely ro beinvoluntary displacement ofpersons due to acquisition ofland, then, the State Governmentshall, by notification. appoint in respect ofthat project. an officer not below the rank ofJointcollector or Additional colleclor or Deputy Collector or equivalenl official of RevenueDepartment ro be the Administrator for Rehabilitation and Resettlement.(2) The Administrator shall, with a view ro enable him to function efficiently and ro

meet the special time-frame, be provided with such powers, duties and responsibilities asrnay be prescribed by the appropriate Government and provided with office infrastructureand be assisted by such ollicers and employees who shall be subordinate to him as theappropriate Govemment may decide.(J) Subjecr to the superintendence, directions and control of the appropriateGovernment and the Commissioner for Rehabilitation and Resenlement, the {ormulation,cxecution and monitoring of the Rehabilitation and Resettlement Scheme shall vest in theAdminisrrator.4t. (,1) The Stare Govemment shall appoinr an oflicer ofthe rank ofCommissioner orSecrelary ofthat Govemment for rehabilitation and resettlement ofaffected families underthis Act, to be called the Commissioncr for Rehabilitation and Resettlemenr.

2t

I ,Jl 2(rrr7

Reservalionand olherbenelils

Ap poin tmen tofAdninistralor.

Commrssionrforrchabilitationandrseltlement.


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22 THE CAZET'|E OF INDIA EXTRAORDINARY [Pirnr Il-(2) The Commissioner shall be responsible for supervising the formulation ofrehabilitation and resettlement schmes or plans and proper implementation ofsuch schemesor plans.(3) The Commissioner shall be resporsible for the post-implementation social audit inconsultation with the Gram Sabha in rural areas and municipality in urban areas.45. (i) Where land proposed to be acquired is equal to or more than one hundred

acres, the appropriate Covernment shall constitute a Committee under the chairmanship ofthe Collector to be called the Rehabilitation and Resettlement Committee, to monitor andreview the progress ofimplenrentation ofthe Rehabilitation and Resettlement scheme and tocarry out post-implementation social audits in consultation with the Cram Sabha in ruralareas and municipality in urban areas.

(2) The Rehabilitation and Resenlement Comminee shall include, apart from officers ofthe appropriate Government, the fbllowing members, namely:-

(a) a representative ofwomen residing in the affected area;(r) a representative each of the Scheduled Castes and the Scheduled Tribes

residing in the affected area:(c) a representative ofa voluntary organisation working in the area;(d) a representative ofa nationalised bank;(e) the Land Acquisition Officer ofthe project;(/) the Chairpersons ofthe panchayats or municipalities located in the affected

area or their nominees;G) the Chairperson of the District Planning Committee or his nomineel(r) the Member of Parliament and Member ofthe Legislative Assembly ofthe

concemed area or their nonrinees;(i) a representative ofthe Requiring Body; and0) Adminishator for Rehabilitation and Resettlement as the Member-Convenor.

(J) The procedure regulating the discharge of the process given in this section andother matters connected thereto ofthe Rehabilitation and Resenlement Comminee shall besuch as may be prescribed by the appropriate Govemment.

46. (/) Where any person other than a specified person is purchasing land throughprivate negotiations for an area equal to or more than such limits, as may be notified by theappropriate Government, considering the relevant State specific factors and circumstances,for which the payment of Rehabilitation and Resettlement Costs under thisAct is required,he shall file an application with the District Collector notirying him of-

(a) intent to purchasei(b) purpose for which such purchase is being made;(c) particulars oflands to be purchased.

(2) It shall be the duty ofthe Collector to refer the matter to the Commissioner for thesatisfaction ofall relevant provisions underthisAct related to rehabilitation and resettlement.

(J) Based upon the Rehabilitation and Resettlement Scheme approved by theCommissioner as per the provisions ofthis Act. the Collectol shall pass individual awardscovering Rehabilitation and Resettlement entitlements as per the provisions ofthis Act.(4) No land use change shall be permitted if rehabilitation and resedlement is not

complied with in full.

Reh6bililalionaIdcommittee atproiect level

Provisionsrelaling torehabilitationandresetllemenlto apply incase ofcertainpersons olherthan specrrledpersons


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Sr:c.2] TH E GAZETTE OF INDIA EXTRAORDINARY(5) Any purchase ofland by a person other than specitied persons without complyingwith the provisions of Rehabilitation and Resettlement Scheme shall be void ab initio:Provided that the appropriate Government may provide for rehabilitation andresettlement provisions on salc or purchase ofland in its State and shall also fix the limits orceiling for the said purpose.(6) lf any land has been purchased through privale negotiations by a person on orafter the 5th day of Seprember. 201 l. which is more than such limits referred to in sub-section( 1) and. ifthe same land is acquired within three years from the date ofcommencement ofthisAct. then, forty per cent. of the compensation paid for such land acquired shall be sharedwith the original land owners.Explanotion.-Fot the purpose of this section, the expression-

(a) "original land owner" refers to the orvner of the land as on the 5th day ofSeprembe( 201 li(6) "specified persons" includes any person other than-

(i) appropriate 6oyemmenr:(ii) Governmenr company;(ill) association of persons or trust or society as registered under theSocieties Registration Act. 1860, wholly or partially aided by the appropriateGovernment or controlled by the appropriate Government.

47. where the Collector is ofthe view that the obligations ofthe Requiring Body with euanritcalionregard to rehabilitation and resettlement can be quantified into monetary amount, hi shall an(l deposit ofallow the payment ofsuch amount into an account in comprete satisfaction ofsuch obriearions, rehabilirarionwhich shall be administered by the Adminisrrator appointed under section +1. urider th. llro.,,r"..n,supervision ofthe Collector_ amounr

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2l ol llt60

CHAPTERVIINATtoNAt_ MoNIToRINC CoMMITTEE FoR REHAR _trA-ItoN AND REsETtt,EMENT

4E. (i ) The Central Government may, whenever necessary for national or inter-Stateprojects, constitute a National Monitoring Committee for reviewing and nronitoring theimplementation of rehabilitation and resettlemenr schemes or plans under this Act.(2) The Committee may, besides having representation of the concerned Ministriesand Depanments of the Central and State Governments, associate with it eminent expensfrom the relevant fields.

50, (i ) The State Govemmenr shall constitute a State Monitoring Committee forreviewing and monitoring the imprementarion ofrehabiritation and resettrement schemes orplans under this Act.(2) The Comminee may. besides having representatives ofthe concemed Ministries andDepartments ofthe State Govemment, associate with it eminentexpens from the relevant fields.(-r) The procedures ro be followed by the Commine and the allowances payable to theexperts shall be such as may be prescribed by the State.

Establishmentol NnlionalMoniloringConlnr itteelbrrchabilitaliorand

(-r) The procedures to be followed by the Committee and the allowances payable to theexpens shall be such as may be prescribed.(J) The CentralGovemment shallprovide officers and other employees to the Committeenecessary for its erTicient functioning.49. The States and Union territories shall provide all the relevant information on the Reportingnratters covered underthisAcl, to the National Monitoring Committee in a regular and timely requircminrs.manner, and also as and when required.

Eslablishmentof SlnteMonrroringCommillee forrehabilrlattofiandrcsettlemenl.

L


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Establishnentol LandAcquisition.RehabilitatioandResettlementAuthori(y.

THE CAZETTE OF INDIA EXTRAORDINARY IP.rrr ll-(4) The State Govemment shall provide such oflicers and other employees to the

Committee as may be necessary flor its efficient functioning.CI-IAPTERVIII

EsregrrsrrN.,rrNT or LAND Aceutstfl()N. Rlj ^tl .r]ATroN AND RESETTI-EMENT AUTIIoRtTy51. ( i ) The appropriate Govemment shall, for the purpose ofproviding speedy disposalof disputes relating to land acquisition, compensation, rehabilitation and resettlement,establish, by notification, one or more Authorities to be kno\,vn as "the Land Acquisition,Rehabilitation and Resettlement Authority" to exercise jurisdiction, powers and authorityconferred on it by or under this Act.

(2) The appropriate Govemment shall also speciry in the notification referred to in sub-section (/) the areas within which the Authority may exercise j urisdiction for entertainingand deciding the references made to it under section 64 or applications made by the applicantunder second proviso to sub-section (/) of section 64.

52. (/) The Authoriry shall consist of one person only (hereinafter referred to as thePresiding Officer) to be appointed, by notification, by the appropriate Govemment.(2) Notwithstanding an),thing contained in sub-section ( /), the appropriate Govemmentmay authorise the Presiding Officer ofone Authority to discharge also the functions ofthePresiding Oflicer of another Authority.

53. (,1) A person shall not be qualified for appointment as the Presiding Officer olanAuthority unless,-(a) he is or has been a District Judge; or(6) he is a qualified legal practiiioner for not less than seven years.

(2)A PresidingOfficer shallbe appointed bythe appropriate Govemmnt in consultationwith the ChiefJustice ofa High Coun in whose jurisdiction the Authority is proposed to beestablished.

54. The Presiding Officer ofan Authority shall hold office fora term ofthree years fromthe date on which he enters upon his office or until he attains the ige of sixty-five years,whichever is earlier.55. (/) The appropriate Covemment shall provide the Authority with a Registrar and

such other oflicers and employees as that Govemmenl may think fit.(2) The Registrar and other officers and employees of an Authority shall dischargetheir functions under the general superintendence ofthe Presiding Officer.(3) The salaries and allowances and other conditions ofservice ofthe Registrar and

other officers and employees ofan Authority shall be such as may be prescribed.56. The salary and allowances payable to and the other terms and conditions ofservice (including pension, gratuity and otherretirement benefits) ofthe Presiding Officer of

an Authority, shall be such as may be prescribed:Provided that neither the salary and allowances nor the other terms and conditions of

service ofthe said Presiding Officers shall be varied to their disadvantage after appointment.57. If for any reason other than temporary absence, any vacamy occurs in the ofliceof the Presiding Officer of an Authority then the appropriate Govemment shall appointanother person in accordance with the provisions of this Act to fill the vacancy and the

proceedings may be continued before the Authority from the stage at which the vacancy isfilled-

Composilionol-Aulhorily

Qualrflcalionslorappointmenlas PrrsidrngOllicer.

'Ierms ofolllce (r1.PresidingOlfrccr.Sratl ofAtlthority

Salary andother termsand condrtionsof service ofPresidingOttlcers.Filling up ofvacancies.

tl

24


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Src.2l THE CAZETTE OF INDIA EXTRAORDINARY58. (1) The Presiding Officer ofan Authority may, by notice in writing under his hand

addressed to the approPriate Govemment, resign his oflice:Provided that the Presiding Oflicer shall' unless he is permitted by the appropriate

Covernment to relinquish his olfice sooner' continue to hold office until the expiry ofthreemonths from the date of receiPt of such notice or until a person duly appointed as hissuccessor enters upon his offica or until the expiry ofhis term ofoffice, whichever is earlier(2) The Presiding Officer of an Authority shall not be removed from his office except byan order made by the appropriate CoYemment on the ground of Proven misbehaviour orincapacity after inquiry in the case ofthe Presiding Officer ofan Authority made by a Judgeofa High Court in which the Presiding Ofticer concemed has been informed ofthe chargesagainst him and given a reasonable opportunity ofbeing heard in respect oflhese charges.

(3) The appropriate Covqrnment may, by rules, regulate the procedure for lheinvestigation of misbehaviour or incapacity ofthe aforesaid Presiding Officer

59. No order ofthe appropriate Govemment appointing any person as the PresidingOfficer ofan Authority shall be called in question in any manner, and no act or proceedingbefore an Authority shall be called in question in any manner on the ground merely ofanydefect in the constitution of an Authority.

60. ( /) The Authority shall, for the purposes ofits functions under this Act, shall havethe same powers as are vested in a civil coun under the Code of Civil Procedure, 1908 inrespect ofthe [ollowing matters, namely:-

(a) summoning and enforcing the attendance ofany person and examining himon oath;(6) discovery and production ofany document or other material object producible

as evidence;(c) receiving evidence on affidavits;(d) requisitioning ofany public record;(e) issuing commission for lhe examination ofwitnesses;(7) reviewing its decisions, directions and orders;G) any other matter which may be prescribed.(2) The Authority shall have original jurisdiction to adjudicate upon every reference

made to it under section 64.(J) The Authority shall not be bound by the procedure laid down in the Code ofCiyilProcedure, I 908 but shall be guided by the principles of natural justice and subject to theother provisions ofthis Act and ofany rules made thereunder, the Authority shall have thepower to regulate its own procedure.(4) The Authority shall, after receiving reference under section 64 and after givingnotice of such reference to all the parties concerned and after affording opportunity of

hearing to all parties, dispose ofsuch reference within a period ofsix months from the date ofreceipt ofsuch reference and make an award accordingly.(5) The Authority shall arrange to deliver copies ofthe award to the parties concemedwithin a period offifteen days fiom lhe date ofsuch award.61. All proceedings before the Authority shall be deemed to bejudicial proceedingswithin the meaning ofsections I93 and 228 ofthe Indian Penal Code and the Authority shall

be deemed to be a civil court for the purposes ofsections 345 and 346 ofthe Code ofCriminalProcedure, 1973.

62. The Member and officers ofthe Authority shall be deemed to be public servantswithin the meaning ofsection 2l ofthe Indian Penal Code.

25

5 of 1908.

5 of 1908

Rcsignationand removal.

OrdersconstilutingAuthorily rob final andnot toinvalidate iisproceedings.Powers ofAulhority andprocedurebeforc it.

ProccedingsbefbreAuthoflty tobjudicialprocecdinBs.Members andofficers ofAulhority tobe publicservants.

45 of 1860.2 ot 1914.45 of 1860.


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26 THE CAZETTE OF INDIA EXTRAORDINARY [P^Rr llJurisdiction ofclvil counsbarred.

Reference toAuthority.

63. No civil coun (other than High Coun under article 226 or article 227 of theConstitution or the Supreme Court) shall have jurisdiction to entertain any dispute relatingto land acquisition in respect of which the Collector or the Authority is emporvered by orunder this Act, and no injunction shall be granted by any court in respect ofany such matter.64. (/) Any person interested who has not accepted the award may, by writtenapplication to the Collecto( require that the matter be referred by the Collector lbr thedetermination of the Authority, as the case may be, whether his objection be to themeasurenlent ofthe land, the amount ofthe compensation, the person to whom it is payable,

the rights ofRehabilitation and Resettlemenl under Chapters V and VI or the apportionmentofthe compensation among the persons interested;Provided that the Collector shall, within a period ofthirty days from the date ofreceiptofapplication, make a reference to the appropriate Authority:Provided funher that where the Collector fails to make such reference within the period

so specified. the applicant may apply to the Authority, as the case may be, requesting it todirect the Collector to make the reference to it within a period ofthirty days.(2) The application shall state the grounds on which objection to the award is taken:Provided that every such application shall be nrade-

(a) ifthe person making it was present or represented before the Collector at thetime when he made his award, within six weeks liom the date ofthe Collector's award;

(b) in other cases, within six weeks ofthe receipt ofthe notice from the Collectorunder section 21. or within six months from the date oFthe Collector's award, whicheverperiod shall first expire:Provided further that the Collector may entertain an application after the expiry ofthesaid period, within a further period of one yea( if he is satisfied that there was sufficient

cause for not filing it within the period specified in the first proviso.65. (/) In making the reference. the Collector shall state fbr the information ofthe

act land acqusiition 2013

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