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.2013
List of Chapters & Sections
All sections
1Short title, extent and commencement2Application of Act3Definitions4Preparation of Social Impact Assessment study5Public hearing for Social Impact Assessment6Publication of Social Impact Assessment study7Appraisal of Social Impact Assessment report by an Expert Group8Examination of proposals for land acquisition and Social Impact Assessment report by appropriate Government9Exemption from Social Impact Assessment10Special provision to safeguard food security11Publication of preliminary notification and power of officers thereupon12Preliminary survey of land and power of officers to carry out survey13Payment for damage14Lapse of Social Impact Assessment report15Hearing of objections16Preparation of Rehabilitation and Resettlement Scheme by the Administrator17Review of the Rehabilitation and Resettlement Scheme18Approved Rehabilitation and Resettlement Scheme to be made public19Publication of declaration and summary of Rehabilitation and Resettlement20Land to be marked out, measured and planned including marking of specific areas21Notice to persons interested22Power to require and enforce the making of statements as to names and interests23Enquiry and land acquisition award by Collector24Land acquisition process under Act No. 1 of 1984 shall be deemed to have lapsed in certain cases25Period within which an award shall be made26Determination of market value of land by Collector27Determination of amount of compensation28Parameters to be considered by Collector in determination of award29Determination of value of things attached to land or building30Award of solatium31Rehabilitation and Resettlement Award for affected families by Collector32Provision of infrastructural amenities in resettlement area33Corrections to awards by Collector34Adjournment of enquiry35Power to summon and enforce attendance of witnesses and production of documents36Power to call for records, etc37Awards of Collector when to be final38Power to take possession of land to be acquired39Additional compensation in case of multiple displacements40Special powers in case of urgency to acquire land in certain cases41Special provisions for Scheduled Castes and Scheduled Tribes42Reservation and other benefits43Appointment of Administrator44Commissioner for rehabilitation and resettlement45Rehabilitation and resettlement committee at project level46Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons47Quantification and deposit of rehabilitation and resettlement amount48Establishment of National Monitoring Committee for rehabilitation and resettlement49Reporting requirements50Establishment of State Monitoring Committee for rehabilitation and resettlement51Establishment of Land Acquisition, Rehabilitation and Resettlement Authority52Composition of Authority53Qualifications for appointment as Presiding Officer54Terms of office of Presiding Officer55Staff of Authority56Salary and allowances and other terms and conditions of service of Presiding Officers57Filling up of vacancies58Resignation and removal59Orders constituting Authority to be final and not to invalidate its proceedings60Powers of Authority and procedure before it61Proceedings before Authority to be judicial proceedings62Members and officers of Authority to be public servants63Jurisdiction of civil courts barred64Reference to Authority65Collector‘s statement to Authority66Service of notice by Authority67Restriction on scope of proceedings68Proceedings to be in public69Determination of award by Authority70Form of award71Costs72Collector may be directed to pay interest on excess compensation73Re-determination of amount of compensation on the basis of the award of the Authority74Appeal to High Court75Particulars of apportionment to be specified76Dispute as to apportionment77Payment of compensation or deposit of same in Authority78Investment of money deposited in respect of lands belonging to person incompetent to alienat79Investment of money deposited in other cases80Payment of interest81Temporary occupation of waste or arable land, procedure when difference as to compensation exist82Power to enter and take possession and compensation on restoration83Difference as to condition of land84Punishment for false information, mala fide action, etc85Penalty for contravention of provisions of Act86Offences by companies87Offences by Government departments88Cognizance of offences by court89Offences to be non-cognizable90Offences to be cognizable only on complaint filed by certain persons91Magistrate to enforce surrender92Service of notice93Completion of acquisition not compulsory, but compensation to be awarded when not completed94Acquisition of part of house or building95Acquisition of land at cost of a local authority or Requiring Body96Exemption from income-tax, stamp duty and fees97Acceptance of certified copy as evidence98Notice in case of suits for anything done in pursuance of Act99No change of purpose to be allowed100No change of ownership without permission to be allowed101Return of unutilised land102Difference in price of land when transferred for higher consideration to be shared103Provisions to be in addition to existing laws104Option of appropriate Government to lease105Provisions of this Act not to apply in certain cases or to apply with certain modifications106Power to amend Schedule107Power of State Legislatures to enact any law more beneficial to affected families108Option to affected families to avail better compensation and rehabilitation and resettlement109Power of appropriate Government to make rules110Rules made by Central Government to be laid before Parliament111Rules made by State Government to be laid before State Legislature112Previous publication of rules made by Central and State Government113Power to remove difficulties114Repeal and saving