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