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

An Act to ensure, in consultation with institutions of local self-government and Gram Sabhas established under the Constitution, a humane, participative, informed and transparent process for land acquisition for industrialisation, development of essential infrastructural facilities and urbanisation with the least disturbance to the owners of the land and other affected families and provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition and make adequate provisions for such affected persons for their rehabilitation and resettlement and for ensuring that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their post acquisition social and economic status and for matters connected therewith or incidental thereto.
List of Chapters & Sections
  1. All sections

  2. 1
     Short title, extent and commencement
  3. 2
     Application of Act
  4. 3
  5. 4
     Preparation of Social Impact Assessment study
  6. 5
     Public hearing for Social Impact Assessment
  7. 6
     Publication of Social Impact Assessment study
  8. 7
     Appraisal of Social Impact Assessment report by an Expert Group
  9. 8
     Examination of proposals for land acquisition and Social Impact Assessment report by appropriate Government
  10. 9
     Exemption from Social Impact Assessment
  11. 10
     Special provision to safeguard food security
  12. 11
     Publication of preliminary notification and power of officers thereupon
  13. 12
     Preliminary survey of land and power of officers to carry out survey
  14. 13
     Payment for damage
  15. 14
     Lapse of Social Impact Assessment report
  16. 15
     Hearing of objections
  17. 16
     Preparation of Rehabilitation and Resettlement Scheme by the Administrator
  18. 17
     Review of the Rehabilitation and Resettlement Scheme
  19. 18
     Approved Rehabilitation and Resettlement Scheme to be made public
  20. 19
     Publication of declaration and summary of Rehabilitation and Resettlement
  21. 20
     Land to be marked out, measured and planned including marking of specific areas
  22. 21
     Notice to persons interested
  23. 22
     Power to require and enforce the making of statements as to names and interests
  24. 23
     Enquiry and land acquisition award by Collector
  25. 24
     Land acquisition process under Act No. 1 of 1984 shall be deemed to have lapsed in certain cases
  26. 25
     Period within which an award shall be made
  27. 26
     Determination of market value of land by Collector
  28. 27
     Determination of amount of compensation
  29. 28
     Parameters to be considered by Collector in determination of award
  30. 29
     Determination of value of things attached to land or building
  31. 30
     Award of solatium
  32. 31
     Rehabilitation and Resettlement Award for affected families by Collector
  33. 32
     Provision of infrastructural amenities in resettlement area
  34. 33
     Corrections to awards by Collector
  35. 34
     Adjournment of enquiry
  36. 35
     Power to summon and enforce attendance of witnesses and production of documents
  37. 36
     Power to call for records, etc
  38. 37
     Awards of Collector when to be final
  39. 38
     Power to take possession of land to be acquired
  40. 39
     Additional compensation in case of multiple displacements
  41. 40
     Special powers in case of urgency to acquire land in certain cases
  42. 41
     Special provisions for Scheduled Castes and Scheduled Tribes
  43. 42
     Reservation and other benefits
  44. 43
     Appointment of Administrator
  45. 44
     Commissioner for rehabilitation and resettlement
  46. 45
     Rehabilitation and resettlement committee at project level
  47. 46
     Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons
  48. 47
     Quantification and deposit of rehabilitation and resettlement amount
  49. 48
     Establishment of National Monitoring Committee for rehabilitation and resettlement
  50. 49
     Reporting requirements
  51. 50
     Establishment of State Monitoring Committee for rehabilitation and resettlement
  52. 51
     Establishment of Land Acquisition, Rehabilitation and Resettlement Authority
  53. 52
     Composition of Authority
  54. 53
     Qualifications for appointment as Presiding Officer
  55. 54
     Terms of office of Presiding Officer
  56. 55
     Staff of Authority
  57. 56
     Salary and allowances and other terms and conditions of service of Presiding Officers
  58. 57
     Filling up of vacancies
  59. 58
     Resignation and removal
  60. 59
     Orders constituting Authority to be final and not to invalidate its proceedings
  61. 60
     Powers of Authority and procedure before it
  62. 61
     Proceedings before Authority to be judicial proceedings
  63. 62
     Members and officers of Authority to be public servants
  64. 63
     Jurisdiction of civil courts barred
  65. 64
     Reference to Authority
  66. 65
     Collector‘s statement to Authority
  67. 66
     Service of notice by Authority
  68. 67
     Restriction on scope of proceedings
  69. 68
     Proceedings to be in public
  70. 69
     Determination of award by Authority
  71. 70
     Form of award
  72. 71
  73. 72
     Collector may be directed to pay interest on excess compensation
  74. 73
     Re-determination of amount of compensation on the basis of the award of the Authority
  75. 74
     Appeal to High Court
  76. 75
     Particulars of apportionment to be specified
  77. 76
     Dispute as to apportionment
  78. 77
     Payment of compensation or deposit of same in Authority
  79. 78
     Investment of money deposited in respect of lands belonging to person incompetent to alienat
  80. 79
     Investment of money deposited in other cases
  81. 80
     Payment of interest
  82. 81
     Temporary occupation of waste or arable land, procedure when difference as to compensation exist
  83. 82
     Power to enter and take possession and compensation on restoration
  84. 83
     Difference as to condition of land
  85. 84
     Punishment for false information, mala fide action, etc
  86. 85
     Penalty for contravention of provisions of Act
  87. 86
     Offences by companies
  88. 87
     Offences by Government departments
  89. 88
     Cognizance of offences by court
  90. 89
     Offences to be non-cognizable
  91. 90
     Offences to be cognizable only on complaint filed by certain persons
  92. 91
     Magistrate to enforce surrender
  93. 92
     Service of notice
  94. 93
     Completion of acquisition not compulsory, but compensation to be awarded when not completed
  95. 94
     Acquisition of part of house or building
  96. 95
     Acquisition of land at cost of a local authority or Requiring Body
  97. 96
     Exemption from income-tax, stamp duty and fees
  98. 97
     Acceptance of certified copy as evidence
  99. 98
     Notice in case of suits for anything done in pursuance of Act
  100. 99
     No change of purpose to be allowed
  101. 100
     No change of ownership without permission to be allowed
  102. 101
     Return of unutilised land
  103. 102
     Difference in price of land when transferred for higher consideration to be shared
  104. 103
     Provisions to be in addition to existing laws
  105. 104
     Option of appropriate Government to lease
  106. 105
     Provisions of this Act not to apply in certain cases or to apply with certain modifications
  107. 106
     Power to amend Schedule
  108. 107
     Power of State Legislatures to enact any law more beneficial to affected families
  109. 108
     Option to affected families to avail better compensation and rehabilitation and resettlement
  110. 109
     Power of appropriate Government to make rules
  111. 110
     Rules made by Central Government to be laid before Parliament
  112. 111
     Rules made by State Government to be laid before State Legislature
  113. 112
     Previous publication of rules made by Central and State Government
  114. 113
     Power to remove difficulties
  115. 114
     Repeal and saving