TO BE INTRODUCED IN LOK SABHA AS INTRODUCED IN LOK SABHA BILL NO. 77 OF 2011
THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT BILL, 2011
———— ARRANGEMENT OF CLAUSES ———— CHAPTER I PRELIMINARY CLAUSES 1. 2. 3. Short title, extent and commencement. Application of Act. Definitions. CHAPTER II DETERMINATION OF
SOCIAL IMPACT AND PUBLIC PURPOSE
A.—PRELIMINARY INVESTIGATION FOR DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE 4. 5. 6. Preparation of Social Impact Assessment Study. Public hearing for Social Impact Assessment. Publication of Social Impact Assessment Study. B.—APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT GROUP 7. Appraisal of Social Impact Assessment Report by an Expert Group. C.—EXAMINATION OF PROPOSAL BY A COMMITTEE CONSTITUTED BY THE APPROPRIATE GOVERNMENT 8. 9. Constitution of committee to examine proposals for land acquisition and the Social Impact Assessment Report. Exemption from Social Impact Assessment. CHAPTER III SPECIAL PROVISIONS TO 10.
SAFEGUARD FOOD SECURITY
Special provisions to safeguard food security. CHAPTER IV NOTIFICATION AND ACQUISITION
11. 12. 13. 14. 15. 16.
Publication of preliminary notification and power of officers thereupon. Preliminary survey of land and power of officers to carry out survey. Payment for damage. Lapse of Social Impact Assessment Report. Rescission of preliminary notification. Hearing of objections.
(ii) CLAUSES 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Preparation of Rehabilitation and Resettlement Scheme by the Administrator. Review of the Rehabilitation and Resettlement Scheme. Publication of declaration and summary of Rehabilitation and Resettlement. Land to be marked out, measured and planned including marking of specific areas. Notice to persons interested. Power to require and enforce the making of statements as to names and interests. Enquiry and land acquisition award by Collector. Land acquisition process under Land Acquisiton Act, 1894 shall be deemed to have lapsed in certain cases. Period within which an award shall be made. Determination of market value of land by Collector. Determination of amount of compensation. Determination of value of things attached to land or building. Award of solatium. CHAPTER V 30. 31. 32. 33. 34. 35. 36. 37. 38. REHABILITATION AND RESETTLEMENT AWARD Rehabilitation and Resettlement Award for affected families by Collector. Provision of infrastructural amenities in resettlement area. Corrections to awards by Collector. Adjournment of enquiry. Power to summon and enforce attendance of witnesses and production of documents. Power to call for records, etc. Awards of Collector when to be final. Power to take possession of land to be acquired. Special powers in case of urgency to acquire land in certain cases. CHAPTER VI 39. 40. 41. 42. PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT Appointment of Administrator. Commissioner for rehabilitation and resettlement. Rehabilitation and resettlement committee at project level. Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons. CHAPTER VII NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT 43. 44. Establishment of National monitoring committee for rehabilitation and resettlement. Reporting requirements. CHAPTER VIII ESTABLISHMENT OF LAND ACQUISITION, 45. 46. 47. 48. Composition of Authority. Qualifications for appointment as Presiding Officer. Terms of office of Presiding Officer.
REHABILITATION AND RESETTLEMENT AUTHORITY
Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.
(iii) CLAUSES 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. Staff of Authority. Salary and allowances and other terms and conditions of service of Presiding Officers. Filling up of vacancies. Resignation and removal. Orders constituting Authority to be final and not to invalidate its proceedings. Powers of Authority and procedure before it. Proceedings before Authority to be judicial proceedings. Members and officers of Authority to be public servants. Jurisdiction of civil courts barred. Reference to Authority. Collector’s statement to Authority. Service of notice by Authority. Restriction on scope of proceedings. Proceedings to be in public. Determination of award by the Authority. Form of award. Costs. Collector may be directed to pay interest on excess compensation. Re-determination of the amount of compensation on the basis of the award of the Authority. Appeal to High Court. CHAPTER IX APPORTIONMENT 69. 70. Dispute as to apportionment. CHAPTER X PAYMENT 71. 72. 73. 74. Payment of compensation or deposit of same in Authority. Investment of money deposited in respect of lands belonging to person incompetent to alienate. Investment of money deposited in other cases. Payment of interest. CHAPTER XI TEMPORARY 75. 76. 77.
OCCUPATION OF LAND OF COMPENSATION
Particulars of apportionment to be specified.
Temporary occupation of waste or arable land, procedure when difference as to compensation exists. Power to enter and take possession and compensation on restoration. Difference as to condition of land.
(iv) CHAPTER XII OFFENCES CLAUSES 78. 79. 80. 81. 82. 83. 84. Punishment for false information, malafide action, etc. Penalty for contravention of provisions of Act. Offences by Companies. Offences by Government departments. Cognizance of offences by court. Offences to be non-congnizable. Offences to be cognizable only on complaint filed by certain persons. CHAPTER XIII MISCELLANEOUS 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. Magistrate to enforce surrender. Service of notice. Completion of acquisition not compulsory, but compensation to be awarded when not completed. Acquisition of part of house or building. Acquisition of land at cost of a local authority or Requiring Body. Exemption from stamp duty and fees. Acceptance of certified copy as evidence. Notice in case of suits for anything done in pursuance of Act. No change of purpose to be allowed. No change of ownership without permission to be allowed. Return of unutilised land. Difference in price of land when transferred for higher consideration to be shared. Provisions to be in addition to existing laws. Provisions of this Act not to apply in certain cases or to apply with certain modifications. Power to amend Schedule.
AND PENALTIES
100. Power of State Legislatures to enact any law more beneficial to affected families. 101. Option to affected families to avail better compensation and rehabilitation and resettlement. 102. Power of appropriate Government to make rules. 103. Rules made by Central Government to be laid before Parliament. 104. Rules made by State Government to be laid before State Legislature. 105. Previous publication of rules made by Central and State Government. 106. Power to remove difficulties. 107. Repeal and saving. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. THE FOURTH SCHEDULE.
TO BE INTRODUCED IN LOK SABHA AS
INTRODUCED IN
LOK SABHA
Bill No. 77 of 2011
THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT BILL, 2011
A
BILL to ensure a humane, participatory, informed consultative 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 thereof, 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. BE it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 5 1. (1) This Act may be called the Land Acquisition, Rehabilitation and Resettlement Short title, extent and Act, 2011. (2) It extends to the whole of India except the State of Jammu and Kashmir.
commencement.
2 (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that the Central Government shall appoint such date within three months from the date on which the Land Acquisition, Rehabilitation and Resettlement Bill, 2011 receives the assent of the President.
Application of Act.
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2. (1) The provisions of this Act relating to land acquisition, rehabilitation and resettlement, shall apply, when the appropriate Government acquires land,— (a) for its own use, hold and control; or (b) with the purpose to transfer it for the use of private companies for public purpose (including Public Private Partnership projects but not including national or state highway projects); or (c) on the request of private companies for immediate and declared use by such companies of land for public purposes: Provided that no land shall be transferred by way of acquisition, in the Scheduled Areas in contravention of the law relating to land transfer, prevailing in such Scheduled 15 Areas. (2) The provisions relating to rehabilitation and resettlement under this Act shall apply in the cases where,— (a) a private company purchases or acquires land, equal to or more than one hundred acres in rural areas or equal to or more than fifty acres in urban areas, through 20 private negotiations with the owner of the land as per the provisions of section 42; (b) a private company requests the appropriate Government for acquisition of a part of an area so identified for a public purpose: Provided that where a private company requests the appropriate Government for partial acquisition of land for public purpose then the rehabilitation and resettlement entitlements 25 shall be applicable for the entire area identified for acquisition by the private company and not limited to the area for which the request is made. 10
Definitions.
3. In this Act, unless the context otherwise requires,— (a) “Administrator” means an officer appointed for the purpose of rehabilitation and resettlement of affected families under sub-section (1) of section 39; (b) “affected area” means such area as may be notified by the appropriate Government for the purposes of land acquisition; (c) “affected family” includes— (i) a family whose land or other immovable property has been acquired or who have been permanently displaced from their land or immovable property; 35 30
(ii) a family which does not own any land but a member or members of such family may be agricultural labourers, tenants, share-croppers or artisans or may be working in the affected area for three years prior to the acquisition of the land, whose primary source of livelihood stand affected by the acquisition of land; 40 (iii) tribals and other traditional forest dwellers who have lost any of their traditional rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 due to acquisition of land; (iv) family whose primary source of livelihood for three years prior to the acquisition of the land is dependent on forests or water bodies and includes
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3 gatherers of forest produce, hunters, fisher folk and boatmen and such livelihood is affected due to acquisition of land; (v) a member of the family who has been assigned land by the State Government or the Central Government under any of its schemes and such land is under acquisition; (vi) a family residing on any land in the urban areas for preceding three years prior to the acquisition of the land or whose primary source of livelihood for three years prior to the acquisition of the land is affected by the acquisition of such land; 10 (d) “agricultural land” means land used for the purpose of— (i) agriculture or horticulture; (ii) dairy farming, poultry farming, pisciculture, sericulture, breeding of livestock or nursery growing medicinal herbs; (iii) raising of crops, trees, grass or garden produce; and 15 (iv) land used for the grazing of cattle; (e) “appropriate Government” means,— (i) in relation to acquisition of land situated within the territory of, a State, the State Government; 20 (ii) in relation to acquisition of land situated within a Union territory (except Puducherry), the Central Government; (iii) in relation to acquisition of land situated within the Union territory of Puducherry, the Government of Union territory of Puducherry; (iv) in relation to acquisition of land for public purpose in more than one State, the Central Government; and 25 (v) in relation to the acquisition of land for the purpose of the Union as may be specified by notification, the Central Government; (f) “Authority” means the Land Acquisition and Rehabilitation and Resettlement Authority established under section 45; 30 (g) “Collector” means the Collector of a revenue district, and includes a Deputy Commissioner and any officer specially designated by the appropriate Government to perform the functions of a Collector under this Act; (h) “Commissioner” means the Commissioner for Rehabilitation and Resettlement appointed under sub-section (1) of section 40; (i) “cost of acquisition” includes— 35 (i) amount of compensation which includes solatium, any enhanced compensation ordered by the Land Acquisition and Rehabilitation and Resettlement Authority or the Court and interest payable thereon and any other amount determined as payable to the affected families by such Authority or Court; (ii) demurrage to be paid for damages caused to the land and standing crops in the process of acquisition; (iii) cost of acquisition of land and building for settlement of displaced or adversely affected families; (iv) cost of development of infrastructure and amenities at the resettlement areas;
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4 (v) cost of rehabilitation and resettlement as determined in accordance with the provisions of this Act; (vi) administrative cost,— (A) for acquisition of land, including both in the project site and out of project area lands, not exceeding such percentage of the cost of compensation as may be specified by the appropriate Government; (B) for rehabilitation and resettlement of the owners of the land and other affected families whose land has been acquired or proposed to be acquired or other families affected by such acquisition; (vii) cost of undertaking ‘Social Impact Assessment study’; (j) “company” means— (i) a company as defined in section 3 of the Companies Act, 1956, other than a Government company; (ii) a society registered under the Societies Registration Act, 1860 or under any corresponding law for the time being in force in a State; (k) “displaced family” means any family, who on account of acquisition of land has to be relocated and resettled from the affected area to the resettlement area; (l) “entitled to act”, in relation to a person, shall be deemed to include the following persons, namely:— (i) trustees for other persons beneficially interested with reference to any 20 such case, and that to the same extent as the person beneficially interested could have acted if free from disability; (ii) the guardians of minors and the committees or managers of lunatics to the same extent as the minors, lunatics or other persons of unsound mind themselves, if free from disability, could have acted: 25 Provided that the provisions of Order XXXII of the First Schedule to the Code of Civil Procedure, 1908 shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Authority by a next friend, or by a guardian for the case, in proceedings under this Act; and (m) “family” includes a person, his or her spouse, minor children, minor brothers 30 and minor sisters dependent on him; Explanation.—An adult of either gender with or without spouse or children or dependents shall be considered as a separate family for the purposes of this Act. (n) “holding of land” means the total land held by a person as an owner, occupant or tenant or otherwise; 35 (o) “infrastructure project” shall include any one or more of the following, namely:— (i) any project relating to generation, transmission or supply of electricity; (ii) any project relating to telecommunication services; (iii) construction of roads, highways, defence projects, bridges, airports, 40 ports, rail systems or mining activities, educational, sports, health care, tourism, transportation, inland waterways, inland port, space programme, projects involving agro-processing and supply of inputs to agriculture, projects for preservation and storage of processed agro-products and perishable agricultural commodities and housing for such income groups, as may be specified from time 45 to time by the appropriate Government;
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21 of 1860.
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5 (iv) water supply project, irrigation project, water harvesting and water conservation structures, water treatment system, sanitation and sewerage system, solid waste management system; 5 (v) any other project or public facility as may be notified in this regard by the Central Government; (p) “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth; (q) “landless” means such persons or class of persons who may be,— 10 (i) considered or specified as such under any State law for the time being in force; or (ii) in a case of landless not being specified under clause (a), as may be specified by the appropriate Government; (r) “land owner” includes any person,— 15
2 of 2007.
(i) whose name is recorded as the owner of the land or building or part thereof, in the records of the concerned authority; or (ii) any person who is granted Patta rights under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 or under any other law for the time being in force; or
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(iii) who is entitled to be granted Patta rights on the land under any law of the State including assigned lands; or (iv) any person who has been declared as such by an order of the court or Authority; (s) “local authority” includes a town planning authority (by whatever name called) set up under any law for the time being in force, a Panchayat as defined in article 243 and a Municipality as defined in article 243P, of the Constitution; (t) “marginal farmer” means a cultivator with an un-irrigated land holding up to one hectare or irrigated land holding up to one-half hectare; (u) “market value” means the value of land determined in accordance with section 26;
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(v) “notification” means a notification published in the Gazette of India or, as the case may be, the Gazette of a State and the expression “notify” shall be construed accordingly; (w) “patta” shall have the same meaning as assigned to it in the relevant Central or State Acts or rules or regulations made thereunder;
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(x) “person interested” means— (i) all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act; (ii) tribals and other traditional forest dwellers, who have lost any traditional rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006; (iii) a person interested in an easement affecting the land; (iv) persons having tenancy rights under the relevant State laws including share-croppers by whatever name they may be called; and
2 of 2007.
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(v) any person whose primary source of livelihood is likely to be adversely affected;
6 (y) “prescribed” means prescribed by rules made under this Act; (z) “project” means a project for which land is being acquired, irrespective of the number of persons affected; (za) “public purpose” includes— (i) the provision of land for strategic purposes relating to naval, military, air force, and armed forces of the Union or any work vital to national security or defence of India or State police, safety of the people; or (ii) the provision of land for railways, highways, ports, power and irrigation purposes for use by Government and public sector companies or corporations; or (iii) the provision of land for project affected people; 10 (iv) the provision of land for planned development or the improvement of village sites or any site in the urban area or provision of land for residential purposes for the weaker sections in rural and urban areas or the provision of land for Government administered educational, agricultural, health and research schemes or institutions; 15 (v) the provision of land for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by Government, any local authority or a corporation owned or controlled by the State; 20 (vi) the provision of land in the public interest for— (A) use by the appropriate Government for purposes other than those covered under sub-clauses (i), (ii), (iii), (iv) and (v), where the benefits largely accrue to the general public; or (B) Public Private Partnership projects for the production of public 25 goods or the provision of public services; (vii) the provision of land in the public interest for private companies for the production of goods for public or provision of public services: Provided that under sub-clauses (vi) and (vii) above the consent of at least eighty per cent. of the project affected people shall be obtained through a prior informed 30 process to be prescribed by the appropriate Government: Provided further that where a private company after having purchased part of the land needed for a project, for public purpose, seeks the intervention of the appropriate Government to acquire the balance of the land it shall be bound by rehabilitation and resettlement provisions of this Act for the land already acquired 35 through private negotiations and it shall comply with all provisions of this Act for the remaining area sought to be acquired. (zb) “Requiring Body” means a company, a body corporate, an institution, or any other organisation for whom land is to be acquired by the appropriate Government, and includes the Appropriate Government, if the acquisition of land is for such 40 Government either for its own use or for subsequent transfer of such land in public interest to a company, body corporate, an institution, or any other organisation, as the case may be, under lease, licence or through any other mode of transfer of land; (zc) “Resettlement Area” means an area where the affected families who have been displaced as a result of land acquisition are resettled by the appropriate Government; 45 5
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7 (zd) “small farmer” means a cultivator with an un-irrigated land holding up to two hectares or with an irrigated land holding up to one hectare, but more than the holding of a marginal farmer. CHAPTER II 5 DETERMINATION OF
SOCIAL IMPACT AND PUBLIC PURPOSE
A.—PRELIMINARY INVESTIGATION FOR DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE 4. (1) Whenever the appropriate Government intends to acquire land for a public purpose, it shall carry out a Social Impact Assessment study in consultation with the Gram 10 Sabha at habitation level or equivalent body in urban areas, in the affected area in such manner and within such time as may be prescribed. (2) The Social Impact Assessment study referred to in sub-section (1) shall, amongst other matters, include all the following, namely:— (a) assessment of nature of public interest involved; 15 (b) estimation of affected families and the number of families among them likely to be displaced; (c) study of socio-economic impact upon the families residing in the adjoining area of the land acquired; 20 (d) extent of lands, public and private, houses, settlements and other common properties likely to be affected by the proposed acquisition; (e) whether the extent of land proposed for acquisition is the absolute bareminimum extent needed for the project; (f) whether land acquisition at an alternate place has been considered and found not feasible; 25 (g) study of social impact from the project, and the nature and cost of addressing them and their impact on the overall costs of the project and benefits vis-à-vis the social and environmental costs.
Preparation of Social Impact Assessment Study.
(3) While undertaking a Social Impact Assessment study under sub-section (1), the appropriate Government shall, amongst other things, take into consideration the impact that 30 the project is likely to have on various components such as public and community properties, assets and infrastructure particularly roads, public transport, drainage, sanitation, sources of drinking water, sources of water for cattle, community ponds, grazing land, plantations, public utilities such as post offices, fair price shops, food storage godowns, electricity supply, health care facilities, schools and educational or training facilities, anganwadis, children parks, places 35 of worship, land for traditional tribal institutions and burial and cremation grounds. (4) The appropriate Government may specify the ameliorative measures required to be undertaken for addressing the impact for a specific component referred to in sub-section (3), and such measures shall not be less than what is provided under a scheme or programme, in operation in that area, of the Central Government or, as the case may be, the State Government, 40 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, to ascertain the views of the affected families to be recorded and included in the Social Impact 45 Assessment Report. 6. (1) The appropriate Government shall ensure that the Social Impact Assessment study report is prepared and published in the affected area, in such manner as may be prescribed, and uploaded on a website created especially for this purpose.
S3/F/BILL-2011/LS/1821LS Public hearing for Social Impact Assessment.
Publication of Social Impact Assessment study.
8 (2) Wherever Environment Impact Assessment is carried out, a copy of the Social Impact Assessment report shall be made available to the Impact Assessment Agency authorised by the Central Government to carry out environmental impact assessment. B.—APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT GROUP
Appraisal of Social Impact Assessment Report by an Expert Group.
7. (1) The appropriate Government shall ensure that the Social Impact Assessment 5 report is evaluated by an independent multi-disciplinary expert group, as may be constituted by it. (2) The expert group constituted under sub-section (1) shall include the following, namely:— (a) two non-official social scientists; (b) two experts on rehabilitation; and (c) a technical expert in the subject relating to the project. (3) The appropriate Government may nominate a person from amongst the members of the Expert Group as the Chairperson of the Group. (4) If the Expert Group constituted under sub-section (1), is of the opinion that,— (a) the project does not serve the stated public purpose; or (b) the project is not in the larger public interest; or (c) the costs and adverse impacts of the project outweigh the potential benefits, it shall make a recommendation to the effect that the project shall be abandoned forthwith and no further steps to acquire the land will be initiated in respect of the same: 20 Provided that the grounds for such recommendation shall be recorded in writing by the Expert Group giving the details and reasons for such decision. (5) If Expert Group constituted under sub-section (1), is of the opinion that,— (a) the project will serve the stated public purpose; (b) the project is in the larger public interest; and (c) the potential benefits outweigh the costs and adverse impacts, it shall make specific recommendations whether the extent of land proposed to be acquired is the absolute bare-minimum extent needed 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 by 30 the Expert Group giving the details and reasons for such decision. C.—EXAMINATION OF PROPOSAL BY A COMMITTEE CONSTITUTED BY THE APPROPRIATE GOVERNMENT 25 15 10
Constitution of committee to examine proposals for land acquisition and the Social Impact Assessment Report.
8. (1) Where the land sought to be acquired is more than one hundred acres or more, the appropriate Government shall constitute a Committee to examine proposals for land 35 acquisition consisting of the following, namely:— (a) Chief Secretary of State or Union territory or an officer of equivalent rank nominated by the appropriate Government………..................................................................... ex officio Chairperson (b) Secretaries of the Departments of— (i) Finance…………………………........................ex officio Member; (ii) Revenue……..………………...........................ex officio Member; (iii) Rural Development…..……….......................ex officio Member; 40
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9 (iv) Social Justice ...................................... (v) Tribal Welfare......................................... (vi) Panchayati Raj...................................... 5 ex officio Member; ex officio Member; ex officio Member;
(vii) the concerned Departments as may be specified by the appropriate Government............... ex officio Members; (c) three non-official experts from the relevant fields, to examine proposals for land acquisition to be nominated by the appropriate Government….………….……… Members:
Provided that where the area sought to be acquired is less than one hundred acres the appropriate Government shall appoint a Committee to which it shall delegate the functions 10 and responsibilities of the Committee referred to in sub-section (1). (2) The Committee constituted under sub-section (1) shall ensure that— (a) there is a legitimate and bona fide public purpose for the proposed acquisition which necessitates the acquisition of the land identified; 15 (b) the public purpose referred to in clause (a) shall on a balance of convenience and in the long term, be in the larger public interest so as to justify the social impact as determined by the Social Impact Assessment that has been carried out; (c) only the minimum area of land required for the project is proposed to be acquired; 20 (d) the Collector of the district, where the acquisition of land is proposed, has explored the possibilities of— (i) acquisition of waste, degraded or barren lands and found that acquiring such waste, degraded or barren lands is not feasible; 25 (ii) acquisition of the agricultural land, especially land under assured irrigation is only as a demonstrable last resort.
(3) The Committee referred to in sub-section (1) shall examine the report of the Collector and the report given by the Expert Committee on the Social Impact Assessment and after considering all the reports, recommend such area for acquisition which would ensure minimum displacement of people, minimum disturbance to the infrastructure, ecology and minimum 30 adverse impact on the individuals affected. (4) The appropriate Government shall make available the decision of the Committee in the public domain and also display the same on its website: Provided that where land is sought to be acquired for the purposes as specified in clause (b) or (c) of sub-section (1) of section 2, the Committee shall also ascertain as to 35 whether the consent of at least eighty per cent. of the affected families as required under the proviso to sub-clause (vii) of clause (za) of section 3, has been obtained in the manner as may be prescribed. 9. Where land is proposed to be acquired invoking the urgency provisions under section 38, the appropriate Government may exempt undertaking of the Social Impact 40 Assessment study. CHAPTER III SPECIAL PROVISION TO
SAFEGUARD FOOD SECURITY
Exemption from Social Impact Assessment.
10.(1) Save as otherwise provided in sub-section (2), no irrigated multi-cropped land Special provision to shall be acquired under this Act.
safeguard food security.
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10 (2) Such land may be acquired subject to the condition that it is being done under exceptional circumstances, as a demonstrable last resort, where the acquisition of the land referred to in sub-section (1) shall, in aggregate for all projects in a district, in no case exceed five per cent. of the total irrigated multi-crop area in that district. (3) Whenever multi-crop irrigated land is acquired under sub-section (2), an equivalent area of culturable wasteland shall be developed for agricultural purposes. 5
(4) In a case not falling under sub-section (1), the acquisition of the land in aggregate for all projects in a district in which net sown area is less than fifty per cent. of total geographical area in that district, shall in no case exceed ten per cent. of the total net sown area of that district: 10 Provided that the provisions of this section shall not apply in the case of projects that are linear in nature such as those relating to railways, highways, major district roads, irrigation canals, power lines and the like. CHAPTER IV NOTIFICATION AND ACQUISITION
Publication of preliminary notification and power of officers thereupon.
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11. (1) Whenever, it appears to the appropriate Government that land in any area is required or likely to be required for any public purpose, a notification (hereinafter referred to as preliminary notification) to that effect along with details of the land to be acquired in rural and urban areas shall be published in the following manner, namely:— (a) in the Official Gazette; (b) in two daily newspapers circulating in the locality of such area of which one shall be in regional language; (c) on the website of the appropriate Government in public domain; (d) by making available a copy of the notification for inspection by persons affected, at the collectorate and tehsil office and at the concerned gram panchayat or 25 urban local body office; (e) the Collector shall also cause public notice of the substance of such notification to be put up at convenient and conspicuous places in the said area. (2) No notification shall be issued under sub-section (1) unless the concerned Gram Sabha at the village level and municipalities, in case of municipal areas and the Autonomous 30 Councils in case of the Sixth Schedule areas have been consulted in all cases of land acquisition in such areas as per the provisions of all relevant laws for the time being in force in that area. (3) The notification issued under sub-section (1) shall also contain a statement on the nature of the public purpose involved, reasons necessitating the displacement of affected persons, summary of the Social Impact Assessment Report and particulars of the Administrator 35 appointed for the purposes of rehabilitation and resettlement under section 39. (4) No person shall make any transaction or cause any transaction of land specified in the preliminary notification or create any encumbrances on such land from the date of publication of such notification till such time as the proceedings under this Chapter are completed: 40 Provided that the Collector may, on the application made by the owner of the land so notified, exempt in special circumstances to be recorded in writing, such owner from the operation of this sub-section: Provided further that any loss or injury suffered by any person due to his wilful violation of this provision shall not be made up by the Collector. 45 20
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11 (5) After issuance of notice under sub-section (1), the Collector shall, before the issue of a declaration under section 19, undertake and complete the exercise of updating of land records as prescribed. 12. For the purposes of enabling the appropriate Government to determine the extent Preliminary of land to be acquired, it shall be lawful for any officer, either generally or specially authorised survey of land 5 and power of by such Government in this behalf, and for his servants and workmen,— (a) to enter upon and survey and take levels of any land in such locality ; (b) to dig or bore into the sub-soil; 10 (c) to do all other acts necessary to ascertain whether the land is adapted for such purpose; (d) to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon; and (e) to mark such levels, boundaries and line by placing marks and cutting trenches and where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle: officers to carry out survey.
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Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days’ notice in writing of his intention 20 to do so. 13. The officer so authorised under section 12 shall at the time of entry under section Payment for 12 pay or tender payment for any damage caused, and, in case of dispute as to the sufficiency damage. of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector or other chief revenue officer of the district, and such decision shall be final. 25 14. Where a preliminary notification under section 11 is not issued within twelve months from the date of appraisal of the Social Impact Assessment report submitted by the Expert Committee under section 7, then, such report shall be deemed to have lapsed and a fresh Social Impact Assessment shall be required to be undertaken prior to acquisition proceedings under section 11.
Lapse of Social Impact Assessment Report.
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15. Where no declaration is made under section 19 within twelve months from the date Rescission of of preliminary notification, then such notification shall be deemed to have been rescinded. preliminary 16. (1) Any person interested in any land which has been notified under sub-section Hearing of (1) of section 11, as being required or likely to be required for a public purpose, may within objections. sixty days from the date of the publication of the preliminary notification, object to— notification. 35
(a) the area and suitability of land proposed to be acquired; (b) justification offered for public purpose; (c) the findings of the Social Impact Assessment report.
(2) Every objection under sub-section (1) shall be made to the Collector in writing, and the Collector shall give the objector an opportunity of being heard in person or by any 40 person authorised by him in this behalf or by an Advocate and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, either make a report in respect of the land which has been notified under sub-section (1) of section 11, or make different reports in respect of different parcels of such land, to the appropriate Government, containing his recommendations on the objections, together with the record of 45 the proceedings held by him along with a separate report giving therein the approximate cost of land acquisition, particulars as to the number of affected families likely to be resettled, for the decision of that Government.
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12 (3) The decision of the appropriate Government on the objections made under subsection (2) shall be final.
Preparation of Rehabilitation and Resettlement Scheme by the Administrator.
17. (1) Upon the publication of the preliminary notification under sub-section (1) of section 11 by the Collector, the Administrator for Rehabilitation and Resettlement shall conduct a survey and undertake a census of the affected families, in such manner and within such time as may be prescribed, which shall include— (a) particulars of lands and immovable properties being acquired of each affected family;
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(b) livelihoods lost in respect of land losers and landless whose livelihoods are primarily dependent on the lands being acquired; 10 (c) a list of public utilities and Government buildings which are affected or likely to be affected, where resettlement of affected families is involved; and (d) details of the amenities and infrastructural facilities which are affected or likely to be affected, where resettlement of affected families is involved. (2) The Administrator shall, based on the survey and census under sub-section (1), 15 prepare a draft Rehabilitation and Resettlement Scheme, as prescribed which shall include particulars of the rehabilitation and resettlement entitlements of each land owner and landless whose livelihoods are primarily dependent on the lands being acquired and where resettlement of affected families is involved— (i) a list of Government buildings to be provided in the Resettlement area; (ii) details of the public amenities and infrastructural facilities which are to be provided in the resettlement area. (3) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall include 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 concerned Gram Sabhas or Municipalities. 25 20
(5) A public hearing shall be conducted in such manner as may be prescribed, after giving adequate publicity about the date, time and venue for the public hearing at the affected area: 30 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 Municipality: Provided further that the consultation with the Gram Sabha in Scheduled Areas under the Fifth Schedule shall be in accordance with the provisions of the Provisions of the 35 40 of 1996. Panchayats (Extension to the Scheduled Areas) Act, 1996. (6) The Administrator shall, on completion of public hearing submit the draft Scheme for Rehabilitation and Resettlement along with a specific report on the claims and objections raised in the public hearing to the Collector. (7) The Administrator shall cause the approved Rehabilitation and Resettlement Scheme to be published in the Official Gazette, and make available in the affected areas and also 40 display a copy thereof on his website.
Review of the Rehabilitation and Resettlement Scheme.
18. (1) The Collector shall review the draft Scheme submitted under sub-section (6) of section 17 by the Administrator with the Rehabilitation and Resettlement Committee at the Project level constituted under section 41; (2) The Collector shall submit the draft Rehabilitation and Resettlement Scheme with his suggestions to the Commissioner Rehabilitation and Resettlement for approval of the Scheme. 45
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13 19. (1) When the appropriate Government is satisfied, after considering the report, if any, made under sub-section (2) of section 16, that any particular land is needed for a public purpose, a declaration shall be made to that effect, along with a declaration of an area identified as the ‘resettlement area’ for the purposes of rehabilitation and resettlement of the 5 affected families, under the hand and seal of a Secretary to such Government or of any other officer duly authorised to certify its orders and different declarations may be made from time to time in respect of different parcels of any land covered by the same notification irrespective of whether one report or different reports has or have been made (wherever required). (2) The Collector shall publish a summary of the Rehabilitation and Resettlement 10 Scheme along with draft declaration referred to in sub-section (1): Provided that no declaration under this sub-section shall be made unless the summary of the Rehabilitation and Resettlement Scheme is published along with such declaration: Provided further that no declaration under this sub-section shall be made unless the Requiring Body deposits an amount, in full or part, as may be prescribed by the appropriate 15 Government toward the cost of acquisition of the land. (3) Every declaration referred to in sub-section (1) shall be published in the Official Gazette and in two daily newspapers circulating in the locality in which the land is situated of which at least one shall be in the regional language, and the Collector shall publish the public notice on his website and cause public notice of the substance of such declaration to be 20 given at convenient places in the said locality (the last of the dates of such publication and the giving of such public notice, being hereinafter referred to as the date of the publication of the declaration), and such declaration shall indicate,— (a) the district or other territorial division in which the land is situate; (b) the purpose for which it is needed, its approximate area; and 25 (c) where a plan shall have been made of the land, the place at which such plan may be inspected without any cost. (4) The declaration referred to in sub-section (1) shall be conclusive evidence that the land is required for a public purpose and, after making such declaration, the appropriate Government may acquire the land in such manner as specified under this Act. 30 20. The Collector shall thereupon cause the land, unless it has been already marked Land to be out under section 12, to be marked out and measured, and if no plan has been made thereof, marked out, measured and a plan to be made of the same.
Publication of declaration and summary of Rehabilitation and Resettlement.
planned including marking of specific areas.
21. (1) The Collector shall publish the public notice on his website and cause public Notice to notice to be given at convenient places on or near the land to be taken, stating that the persons 35 Government intends to take possession of the land, and that claims to compensations and interested. rehabilitation and resettlement for all interests in such land may be made to him. (2) The public notice referred to in sub-section (1) shall state the particulars of the land so needed, and require all persons interested in the land to appear personally or by agent or advocate before the Collector at a time and place mentioned in the public notice not being 40 less than thirty days after the date of publication of the notice, and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, their claims to rehabilitation and resettlement along with their objections, if any, to the measurements made under section 20. (3) The Collector may in any case require such statement referred to in sub-section (2) 45 to be made in writing and signed by the party or his agent. (4) The Collector shall also serve notice to the same effect on the occupier, if any, of such land and on all such persons known or believed to be interested therein, be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue district in which the land is situate.
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14 (5) In case any person so interested resides elsewhere, and has no such agent, the Collector shall ensure that the notice shall be sent to him by post in letter addressed to him at his last known residence, address or place or business and also publish the same in at least two national daily newspapers and also on his website.
Power to require and enforce the making of statements as to names and interests.
22. (1) The Collector may also require any such person to make or deliver to him, at a 5 time and place mentioned (such time not being less than thirty days after the date of the requisition), a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits, if any, received or receivable on account thereof for three years next preceding the 10 date of the statement. (2) 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 of sections 175 and 176 of the Indian Penal Code.
45 of 1860.
Enquiry and land acquisition award by Collector.
23. On the day so fixed, or on any other day to which the enquiry has been adjourned, 15 the Collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under section 21, to the measurements made under section 20, and into the value of the land at the date of the publication of the notification, and into the respective interests of the persons claiming the compensation and rehabilitation and resettlement, shall make an award under his hand of— 20 (a) the true area of the land; (b) the compensation as determined under section 27 along with Rehabilitation and Resettlement award as determined under section 30 and which in his opinion should be allowed for the land; and (c) the apportionment of the said compensation among all the persons known or 25 believed to be interested in the land, or whom, or of whose claims, he has information, whether or not they have respectively appeared before him.
Land acquisition process under Act No.1 of 1894 shall be deemed to have lapsed in certain cases.
24. (1) Notwithstanding anything contained in this Act, in any case where a notification under section 4 of the Land Acquisition Act, 1894 was issued before the commencement of this Act but the award under section 11 thereof has not been made 30 before such commencement, the process shall be deemed to have lapsed and the appropriate Government shall initiate the process for acquisition of land afresh in accordance with the provisions of this Act. (2) Where possession of land has not been taken, regardless of whether the award under section 11 of the Land Acquisition Act, 1894 Act has been made or not, the process for 35 1 of 1894. acquisition of land shall also be deemed to have lapsed and the appropriate Government shall initiate the process of acquisition afresh in accordance with the provisions of this Act. 25. The Collector shall make an award within a period of two years from the date of publication of the declaration under section 19 and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse. 40 26. (1) The Collector shall adopt the following criteria in assessing and determining the market value of the land, namely:— (a) the minimum land value, if any, specified in the Indian Stamp Act, 1899 for the 2 of 1899. registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or 45 (b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area. whichever is higher:
Period within which an award shall be made. Determination of market value of land by Collector.
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15 Explanation 1.—The average sale price referred to in clause (b) shall be determined taking into account the sale deeds or the agreements to sell registered for similar type of area in the near village or near vicinity area during immediately preceding three years of the year in which such acquisition of land is proposed to be made. 5 Explanation 2.—For determining the average sale price referred to in Explanation 1, one-half of the total number of sale deeds or the agreements to sell in which the highest sale price has been mentioned shall be taken into account. (2) The market value calculated as per sub-section (1) shall be multiplied by a factor to be specified in the First Schedule. 10 (3) Where the market value under sub-section (1) 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 15 (b) the registered sale deeds or agreements to sell as mentioned in clause (a) of sub-section (1) for similar land are not available for the immediately preceding three years; or (c) the minimum land value has not been specified under the Indian Stamp Act, 1899 by the appropriate authority, the concerned State Government shall specify the floor price or minimum price per unit area 20 of the said land based on the price calculated in the manner specified in sub-section (1) in respect 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 of the lands (whose lands have been acquired) as a part compensation, for acquisition of land, such shares in no case shall exceed twenty-five per cent. of the value so calculated under sub-section (1) or sub-section (2) or sub-section (3) as the case may be: Provided further that the Requiring Body shall in no case compel any owner of the land (whose land has been acquired) to take its shares, the value of which is deductible in the value of the land calculated under sub-section (1). 27. The Collector having determined the market value of the land to be acquired shall Determination 30 calculate the total amount of compensation to be paid to the land owner (whose land has of amount of compensation. been acquired) by including all assets attached to the land. 28. (1) The Collector in determining the market value of the building and other immovable property or assets attached to the land or building which are to be acquired, use the services of a competent engineer or any other specialist in the relevant field, as may be considered 35 necessary by him. (2) The Collector for the purpose of determining the value of trees and plants attached to the land acquired, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him. (3) The Collector for the purpose of assessing the value of the standing crops damaged 40 during the process of land acquisition, may utilise the services of experienced persons in the field of agriculture as considered necessary by him. 29. (1) The Collector having determined the total compensation to be paid, shall, to Award of arrive at the final award, impose a ‘Solatium’ amount equivalent to one hundred per cent. of solatium. the compensation amount. 45 Explanation.—For the removal of doubts it is hereby declared that solatium amount shall be in addition to the compensation payable to any person whose land has been acquired
Determination of value of things attached to land or building.
2 of 1899.
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16 (2) The Collector shall issue individual awards detailing the particulars of compensation payable and the details of payment of the compensation as specified in the First Schedule. CHAPTER V REHABILITATION AND RESETTLEMENT AWARD
Rehabilitation and Resettlement award for affected families by Collector.
30.(1) The Collector shall pass Rehabilitation and Resettlement Awards for each affected 5 family in terms of the entitlements provided in the Second Schedule. (2) The Rehabilitation and Resettlement Award shall include all of the following, namely:— (a) rehabilitation and resettlement amount payable to the family; (b) bank account number of the person to which the rehabilitation and resettlement 10 award amount is to be transferred; (c) particulars of house site and house to be allotted, in case of displaced families; (d) particulars of land allotted to the displaced families; (e) particulars of one time subsistence allowance and transportation allowance 15 in case of displaced families; (f) particulars of payment for Cattle Shed and petty shops; (g) particulars of one-time amount to artisans and small traders; (h) details of mandatory employment to be provided to the members of the affected families; (i) particulars of any fishing rights that may be involved; (j) particulars of annuity and other entitlements to be provided; (k) particulars of special provisions for Scheduled Castes and the Scheduled Tribes to be provided: Provided that in case any of the matters specified under clauses (a) to (k) are not applicable to any affected family the same shall be indicated as “not applicable”. 25 20
Provision of infrastructural amenities in resettlement area.
31. (1) Every displaced family shall be resettled in a resettlement area. (2) In every resettlement area referred to in sub-section (1), the Collector shall ensure the provision of all infrastructural and basic amenities specified in the Third Schedule. 32. (1) The Collector may at any time, but not later than six months from the date of award or where he has been required under the provisions of this Act to make a reference to 30 the Authority under section 58, before the making of such reference, by order, correct any clerical or arithmetical mistakes in either of the awards or errors arising therein either on his own motion or on the application of any person interested or local authority: Provided that no correction which is likely to affect prejudicially any person shall be made unless such person has been given a reasonable opportunity of making representation 35 in the matter. (2) The Collector shall give immediate notice of any correction made in the award so corrected to all the persons interested. (3) Where any excess amount is proved to have been paid to any person as a result of the correction made under sub-section (1), the excess amount so paid shall be liable to be 40 refunded and in the case of any default or refusal to pay, the same may be recovered, as prescribed by the appropriate Government.
Corrections to awards by Collector.
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17 33. The Collector may, for any cause he thinks fit, from time to time adjourn the enquiry Adjournment of enquiry. to a day to be fixed by him. 34. For the purpose of enquiries under this Act, the Collector shall have powers to summon and enforce the attendance of witnesses, including the parties interested of any of 5 them, and to compel the production of documents by the same means, and (so far as may be) in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908.
Power to summon and enforce attendance of witnesses and production of documents.
5 of 1908.
35. The appropriate Government may at any time before the award is made by the Power to call Collector under section 29 call for any record of any proceedings (whether by way of inquiry for records, etc. 1 0 or otherwise) for the purpose of satisfying itself as to the legality or propriety of any findings or order passed or as to the regularity of such proceedings and may pass such order or issue such direction in relation thereto as it may think fit: Provided that the appropriate Government shall not pass or issue any order or direction prejudicial to any person without affording such person a reasonable opportunity of being 1 5 heard. 36. (1) 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 persons interested, whether they have respectively appeared before the Collector or not, of the true area and market value of the land and the assets attached thereto, solatium so determined 2 0 and the apportionment of the compensation among the persons interested. (2) The Collector shall give immediate notice of his awards to such of the persons interested who are not present personally or through their representatives when the awards are made.
25 Awards of Collector when to be final.
(3) The Collector shall keep open to the public and display a summary of the entire proceedings undertaken in a case of acquisition of land including the amount of compensation awarded to each individual along with details of the land finally acquired under this Act on the website created for this purpose.
Power to take possession of land to be acquired.
37. (1) The Collector shall ensure that full payment of compensation as well as rehabilitation and resettlement entitlements are paid or tendered to the entitled persons 3 0 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 29: Provided that the components of the Rehabilitation and Resettlement Package in the Second and Third Schedules that relate to infrastructural entitlements shall be provided 3 5 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 proposed to be so acquired.
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(2) The Collector shall be responsible for ensuring that the rehabilitation and resettlement process is completed in all its aspects; (3) On the fulfilment of the condition provided in sub-sections (1) and (2), the Collector shall take possession of the land acquired, which shall, thereupon, vest absolutely in the Government, free from all encumbrances.
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38. (1) In cases of urgency, whenever the appropriate Government so directs, the Collector, though no such award has been made, may, on the expiration of thirty days from the publication of the notice mentioned in section 21, take possession of any land needed for a public purpose and such land shall thereupon vest absolutely in the Government, free from all encumbrances.
Special powers in case of urgency to acquire land in certain cases.
18 (2) The powers of the appropriate Government under sub-section (1) shall be restricted to the minimum area required for the defence of India or national security or for any emergencies arising out of natural calamities: Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight 5 hours notice of his intention to do so, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience. (3) Before taking possession of any land under sub-section (1) or sub-section (2), the Collector shall tender payment of eighty per cent. of the compensation for such land as 1 0 estimated by him to the person interested entitled thereto. (4) In the case of any land to which, in the opinion of the appropriate Government, the provisions of sub-section (1), sub-section(2) or sub-section (3) are applicable, the appropriate Government may direct that any or all of the provisions of chapters II to chapter VI shall not apply, and, if it does so direct, a declaration may be made under section 19 in respect of the 1 5 land at any time after the date of the publication of the preliminary notification under , subsection (1) section 11. (5) An additional compensation of seventy-five per cent. of the market value as determined under the provisions of this Act, shall be paid by the Collector in respect of land and property for acquisition of which proceedings have been initiated under sub-section (1) 2 0 of this section. CHAPTER VI PROCEDURE AND
Appointment of Administrator.
MANNER OF REHABILITATION AND RESETTLEMENT
39. (1) Where the appropriate Government is satisfied that there is likely to be involuntary displacement of persons due to acquisition of land, then, the State Government 2 5 shall, by notification, appoint in respect of that project, an officer not below the rank of Joint Collector or Additional Collector or Deputy Collector or equivalent official of Revenue Department to be the Administrator for Rehabilitation and Resettlement. (2) The Administrator shall, with a view to enable him to function efficiently and to meet the special time-frame, be provided with such powers, duties and responsibilities as 3 0 may be prescribed by the appropriate Government and provided with office infrastructure and be assisted by such officers and employees who shall be subordinate to him as the appropriate Government may decide. (3) Subject to the superintendence, directions and control of the appropriate Government and the Commissioner for Rehabilitation and Resettlement, the formulation, 3 5 execution and monitoring of the Rehabilitation and Resettlement Scheme shall vest in the Administrator.
Commissioner for rehabilitation and resettlement.
40. (1) The State Government shall appoint an officer of the rank of Commissioner or Secretary of that Government for rehabilitation and resettlement of affected families under 40 this Act, to be called the Commissioner for Rehabilitation and Resettlement. (2) The Commissioner shall be responsible for supervising the formulation of rehabilitation and resettlement schemes or plans and proper implementation of such schemes or plans. (3) The Commissioner shall be responsible for the post-implementation social audit in consultation with the village panchayat in rural areas and municipality in urban areas. 45
Rehabilitation and resettlement committee at project level.
41. (1) Where land proposed to be acquired is equal to or more than one hundred acres, the Appropriate Government shall constitute a Committee under the chairmanship of the Collector to be called the Rehabilitation and Resettlement Committee, to monitor and review the progress of implementation of the Rehabilitation and Resettlement scheme and to
19 carry out post-implementation social audits in consultation with the village panchayat in rural areas and municipality in urban areas. (2) The Rehabilitation and Resettlement Committee shall include, apart from officers of the appropriate Government, the following members, namely:—
5
(a) a representative of women residing in the affected area; (b) a representative each of the Scheduled Castes and the Scheduled Tribes residing in the affected area; (c) a representative of a voluntary organisation working in the area; (d) a representative of a nationalised bank; (e) the Land Acquisition Officer of the project; (f) the Chairpersons of the panchayats or municipalities located in the affected area or their nominees; (g) the Member of Parliament and Member of the Legislative Assembly of the concerned area or their nominees;
10
15
(h) a representative of the Requiring Body; and (i) administrator for Rehabilitation and Resettlement as the Member-Convenor. (3) The procedure regulating the discharge of the process given in this section and other matters connected thereto of the Rehabilitation and Resettlement Committee shall be such as may be prescribed by the State Government.
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42. (1) Where any person other than a specified person is purchasing land equal to or Provisions more than one hundred acres, in rural areas and fifty acres in urban areas, through private relating to rehabilitation negotiations he shall file an application with the District Collector notifying him of— (a) intent to purchase; (b) purpose for which such purchase is being made; (c) particulars of lands to be purchased. (2) It shall be the duty of the Collector to refer the matter to the Commissioner for the satisfaction of all relevant provisions under this Act related to rehabilitation and resettlement.
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and resettlement to apply in case of certain persons other than specified persons.
(3) Based upon the Rehabilitation and Resettlement Scheme approved by the Commissioner as per the provisions of this Act, the Collector shall pass individual awards 3 0 covering Rehabilitation and Resettlement entitlements as per the provisions of this Act. (4) No land use change shall be permitted if rehabilitation and resettlement is not complied with in full. (5) Any purchase of land by a person other than specified persons without complying with the provisions of Rehabilitation and Resettlement Scheme shall be void ab initio.
35
Explanation.—For the purpose of this section, the expression “specified persons” includes any person other than— (a) appropriate Government; (b) Government company; (c) association of persons or trust or Society as registered under the Societies Registration Act, 1860, wholly or partially aided by the appropriate Government or controlled by the Appropriate Government.
21 of 1860. 4 0
20 CHAPTER VII NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT
Establishment of National Monitoring Committee for rehabilitation and resettlement.
43. (1) The Central Government shall constitute a National Monitoring Committee for reviewing and monitoring the implementation of rehabilitation and resettlement schemes 5 or plans under this Act. (2) The Committee may, besides having representation of the concerned Ministries and Departments of the Central and State Governments, associate with it eminent experts from the relevant fields. (3) The procedures to be followed by the Committee and the allowances payable to the experts shall be such as may be prescribed. 10 (4) The Central Government shall provide officers and other employees to the Committee necessary for its efficient functioning.
Reporting requirements.
44. The States and Union territories shall provide all the relevant information on the matters covered under this Act, to the National Monitoring Committee in a regular and timely 15 manner, and also as and when required. CHAPTER VIII ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY 45. (1) The appropriate Government shall, for the purpose of providing speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement, establish, by notification, one or more Authorities to be known as “the Land Acquisition, 2 0 Rehabilitation and Resettlement Authority” to exercise the jurisdiction, powers and authority conferred on it by or under this Act. (2) The appropriate Government shall also specify in the notification referred to in subsection (1) the areas within which the Authority may exercise jurisdiction for entertaining and deciding the references made to it under section 58 or applications made by the applicant 2 5 under second proviso to sub-section (1) of section 58. 46. (1) The Authority shall consist of one person only (hereinafter referred to as the Presiding Officer) to be appointed, by notification, by the appropriate Government. (2) Notwithstanding anything contained in sub-section (1), the appropriate Government may authorise the Presiding Officer of one Authority to discharge also the functions of the 3 0 Presiding Officer of another Authority.
Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.
Composition of Authority.
Qualifications for appointment as Presiding Officer.
47. (1) A person shall not be qualified for appointment as the Presiding Officer of an Authority unless,— (a) he is, or has been, a Judge of a High Court; or (b) he is or has been a District Judge for at least five years. (2) A Presiding Officer shall be appointed by the appropriate Government in consultation with the Chief Justice of a High Court in whose jurisdiction the Authority is proposed to be established.
35
Terms of office of Presiding Officer. Staff of Authority.
48. The Presiding Officer of an Authority shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of sixty-five years, 4 0 whichever is earlier. 49. (1) The appropriate Government shall provide the Authority with a Registrar and such other officers and employees as that Government may think fit. (2) The Registrar and other officers and employees of an Authority shall discharge their functions under the general superintendence of the Presiding Officer. 45
21 (3) The salaries and allowances and other conditions of service of the Registrar and other officers and employees of an Authority shall be such as may be prescribed. 50. The salary and allowances payable to and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Presiding Officer of 5 an Authority, shall be such as may be prescribed: Provided that neither the salary and allowances nor the other terms and conditions of service of the said Presiding Officers shall be varied to their disadvantage after appointment.
Salary and allowances and other terms and conditions of service of Presiding Officers.
51. If, for any reason other than temporary absence, any vacancy occurs in the office Filling up of of the Presiding Officer of an Authority then the appropriate Government shall appoint vacancies. 1 0 another 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 is filled. 52. (1) The Presiding Officer of an Authority may, by notice in writing under his hand Resignation and removal. addressed to the appropriate Government, resign his office: Provided that the Presiding Officer shall, unless he is permitted by the appropriate Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. 20 (2) The Presiding officer of an Authority shall not be removed from his office except by an order made by the appropriate Government on the ground of proved misbehaviour or incapacity after inquiry in the case of the Presiding Officer of an Authority made by a Judge of a High Court in which the Presiding Officer concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges.
15 25
(3) The appropriate Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the aforesaid Presiding Officer.
Orders constituting Authority to be final and not to invalidate its proceedings. Powers of Authority and procedure before it.
53. No order of the Appropriate Government appointing any person as the Presiding Officer of an Authority shall be called in question in any manner, and no act or proceeding before an Authority shall be called in question in any manner on the ground merely of any 3 0 defect in the constitution of an Authority. 54. (1) The Authority shall, for the purposes of its functions under this Act, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; 35 (b) discovery and production of any document or other material object producible as evidence; (c) receiving evidence on affidavits;
40
5 of 1908.
(d) requisitioning of any public record; (e) issuing commission for the examination of witnesses; (f) 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 58. 45 (3) The Authority shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice and subject to the 5 of 1908. other provisions of this Act and of any rules made thereunder, the Authority shall have the power to regulate its own procedure.
22 (4) The Authority shall, after receiving reference under section 58 and after giving notice of such reference to all the parties concerned and after affording opportunity of hearing to all parties, dispose of such reference within a period of six months from the date of receipt of such reference and make an award accordingly. (5) The Authority shall arrange to deliver copies of the award to the parties concerned 5 within a period of fifteen days from the date of such award.
Proceedings before Authority to be judicial proceedings. Members and officers of Authority to be public servants. Jurisdiction of civil courts barred.
55. All proceedings before the Authority shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code and the Authority shall 45 of 1860. be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973. 1 0 2 of 1974. 56. The Member and officers of the Authority shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. 45 of 1860. 57. No civil court (other than High Court under article 226 or article 227 of the Constitution or the Supreme Court) shall have jurisdiction to entertain any dispute relating to land acquisition in respect of which the Collector or the Authority is empowered by or 1 5 under this Act, and no injunction shall be granted by any court in respect of any such matter. 58. (1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Authority, as the case may be, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, 2 0 the rights of Rehabilitation and Resettlement under chapters V and VI or the apportionment of the compensation among the persons interested: Provided that the Collector shall, within a period of fifteen days from the date of receipt of application, make a reference to the appropriate Authority: Provided further that where the Collector fails to make such reference within the period 2 5 so specified, the applicant may apply to the Authority, as the case may be, requesting it to direct the Collector to make the reference to it within a period of thirty days. (2) The application shall state the grounds on which objection to the award is taken: Provided that every such application shall be made— (a) if the person making it was present or represented before the Collector at the 3 0 time when he made his award, within six weeks from the date of the Collector’s award; (b) in other cases, within six weeks of the receipt of the notice from the Collector under section 21, or within six months from the date of the Collector’s award, whichever period shall first expire: Provided further that the Collector may entertain an application after the expiry of the 3 5 said period, within a further period of one year, if he is satisfied that there was sufficient cause for not filing it within the period specified in the first proviso.
Reference to Authority.
Collector’s statement to Authority.
59. (1) In making the reference, the Collector shall state for the information of the Authority, in writing under his hand— (a) the situation and extent of the land, with particulars of any trees, buildings or 4 0 standing crops thereon; (b) the names of the persons whom he has reason to think interested in such land; (c) the amount awarded for damages and paid or tendered under section 13, and 45 the amount of compensation awarded under the provisions of this Act;
23 (d) the amount paid or deposited under any other provisions of this Act; and (e) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined.
5
(2) the statement under sub-section (1) shall be attached a schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by the persons interested respectively. 60. The Authority shall thereupon cause a notice specifying the day on which the Service of Authority will proceed to determine the objection, and directing their appearance before the notice by Authority. Authority on that day, to be served on the following persons, namely: —
10
(a) the applicant; (b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and (c) if the objection is in regard to the area of the land or to the amount of the compensation, the Collector.
15
61. The scope of the enquiry in every such proceeding shall be restricted to a consideration of the interest of the persons affected by the objection.
Restriction on scope of proceedings.
62. Every such proceeding shall take place in public, and all persons entitled to practice Proceedings to in any Civil Court in the State shall be entitled to appear, plead and act (as the case may be) be in public. in such proceeding.
20
63. (1) In determining the amount of compensation to be awarded for land acquired Determination of award by under this Act, the Authority shall take into consideration— firstly, the market value as determined under section 26 and the Award amount in accordance with the First and Second Schedules;
Authority.
25
secondly, the damage sustained by the person interested, by reason of the taking of any standing crops and trees which may be on the land at the time of the Collector’s taking possession thereof; thirdly, the damage (if any) sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of severing such land from his other land;
30
fourthly, the damage (if any) sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings;
fifthly, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses 3 5 (if any) incidental to such change; sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 19 and the time of the Collector’s taking possession of the land; and
40
seventhly, any other ground which may be in the interest of equity, justice and beneficial to the affected families.
(2) In addition to the market value of the land, as above provided, the Authority shall in every case award an amount calculated at the rate of twelve per cent. per annum on such market value for the period commencing on and from the date of the publication of the preliminary notification under section 11 in respect of such land to the date of the award of 4 5 the Collector or the date of taking possession of the land, whichever is earlier.
24 Explanation.— In computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded. (3) In addition to the market value of the land as above provided, the Authority shall in every case award a solatium of one hundred per cent. over the total compensation amount. 5
Form of award.
64. (1) Every award under this Chapter shall be in writing signed by the Presiding Officer of the Authority, and shall specify the amount awarded under clause first of subsection (1) of section 23, and also the amounts (if any) respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the 10 said amounts. (2) Every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgment within the meaning clause (2), and clause (9) respectively, of section 2 of the Code of Civil Procedure, 1908 . 5 of 1908.
Costs.
65. (1) Every such award shall also state the amount of costs incurred in the proceeding under this Chapter, and by what persons and in what proportions they are to be paid. 15 (2) When the award of the Collector is not upheld, the cost shall ordinarily be paid by the Collector, unless the Authority concerned is of the opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector’s costs. 20
Collector may be directed to pay interest on excess compensation.
66. If the sum, which in the opinion of the Authority concerned, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the award of the Authority concerned may direct that the Collector shall pay interest on such excess at the rate of nine per cent. per annum from the date on which he took 25 possession of the land to the date of payment of such excess into Authority: Provided that the award of the Authority concerned may also direct that where such excess or any part thereof is paid to the Authority after the date or expiry of a period of one year from the date on which possession is taken, interest at the rate of fifteen per cent. per annum shall be payable from the date of expiry of the said period of one year on the amount of such excess or part thereof which has not been paid into Authority before the date of such 3 0 expiry.
Redetermination of amount of compensation on the basis of the award of the Authority.
67. (1) Where in an award under this Chapter, the Authority concerned allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under section 23, the persons interested in all the other land covered by the same preliminary notification under section 11, and who are also aggrieved by the award of the Collector may, 3 5 notwithstanding that they had not made an application to the Collector, by written application to the Collector within three months from the date of the award of the Authority concerned require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the Authority: Provided that in computing the period of three months within which an application to 4 0 the Collector shall be made under this sub-section, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded. (2) The Collector shall, on receipt of an application under sub-section (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and make an award determining the amount of compensation 4 5 payable to the applicants. (3) Any person who has not accepted the award under sub-section (2) may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Authority concerned.
25 68. The appropriate Government or a Requiring Body or any person aggrieved by the Appeal to Award passed by an Authority under section 63 may file an appeal to the High Court within High Court. sixty days from the date of Award:
5
Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. Explanation.—For the purposes of this section, “High Court” means the High Court within the jurisdiction of which the land acquired or proposed to be acquired is situated. CHAPTER IX
10
APPORTIONMENT
OF COMPENSATION
69. When there are several persons interested, if such persons agree in the apportionment of the compensation, the particulars of such apportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment.
15
Particulars of apportionment to be specified.
70. When the amount of compensation has been settled, if any dispute arises as to the Dispute as to apportionment of the same or any part thereof, or as to the persons to whom the same or any apportionment. part thereof is payable, the Collector may refer such disputes to the Authority. CHAPTER X PAYMENT
20
71. (1) On making an award under section 29, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award and shall pay it to them by depositing the amount in their bank accounts unless prevented by some one or more of the contingencies mentioned in sub-section (2). (2) If the person entitled to compensation shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Authority to which a reference under section 58 would be submitted: Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:
Payment of compensation or deposit of same in Authority.
25
30
Provided further that no person who has received the amount otherwise than under protest shall be entitled to make any application under sub-section (1) of section 58: Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto.
35
72. (1) If any money is deposited in the Authority concerned under sub-section (2) of section 71 and it appears that the land in respect whereof the same was awarded belonged to any person who had no power to alienate the same, the Authority concerned shall— (a) order the money to be invested in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money shall have been deposited was held; or (b) if such purchase cannot be effected forthwith, then in such Government of other approved securities as the Authority concerned shall think fit,
40
Investment of money deposited in respect of lands belonging to person incompetent to alienate.
45
and shall direct the payment of the interest or other proceeds arising from such investment to the person or persons who would for the time being have been entitled to the possession
26 of the said land, and such moneys shall remain so deposited and invested until the same be applied— (i) in the purchase of such other lands as aforesaid; or (ii) in payment to any person or persons becoming absolutely entitled thereto. (2) In all cases of money deposited to which this section applies the Authority concerned 5 shall order the costs of the following matters, including therein all reasonable charge and expenses incident thereon, to be paid by the Collector, namely:— (a) the costs of such investments as aforesaid; (b) the costs of the orders for the payment of the interest or other proceeds of the securities upon which such moneys are for the time being invested, and for the 1 0 payment out of the Authority concerned of the principal of such moneys, and of all proceedings relating thereto, except such as may be occasioned by litigation between adverse claimants.
Investment of money deposited in other cases.
73. When any money shall have been deposited in the Authority concerned under this Act for any cause other than the causes mentioned in section 72, the Authority may, on the 1 5 application of any party interested or claiming an interest in such money, order the same to be invested in such Government or other approved securities as it may think proper, and paid in such manner as it may consider will give the parties interested therein the same benefit from it as they might have had from the land in respect whereof such money shall have been 20 deposited or as near thereto as may be. 74. When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Collector shall pay the amount awarded with interest thereon at the rate of nine per cent. per annum from the time of so taking possession until it shall have been so paid or deposited: Provided that if such compensation or any part thereof is not paid or deposited within 2 5 a period of one year from the date on which possession is taken, interest at the rate of fifteen per cent. per annum shall be payable from the date or expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry. CHAPTER XI TEMPORARY
OCCUPATION OF LAND
Payment of interest.
30
Temporary occupation of waste or arable land, procedure when difference as to compensation exists.
75. (1) Whenever it appears to the appropriate Government that the temporary occupation and use of any waste or arable land are needed for any public purpose, or for a company, the appropriate Government may direct the Collector to procure the occupation and use of the same for such terms as it shall think fit, not exceeding three years from the 3 5 commencement of such occupation. (2) The Collector shall thereupon give notice in writing to the person interested in such land of the purpose for which the same is needed, and shall, for the occupation and use thereof for such term as aforesaid, and for the materials (if any) to be taken therefrom, pay to them such compensation, either in a gross sum of money, or by monthly or other periodical 4 0 payments, as shall be agreed upon in writing between him and such persons respectively. (3) In case the Collector and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the Collector shall refer such difference to the decision of the Authority.
Power to enter and take possession and compensation on restoration.
76. (1) On payment of such compensation, or on executing such agreement, or on 4 5 making a reference under section 58, the Collector may enter upon and take possession of the land, and use or permit the use thereof in accordance with the terms of the said notice.
27 (2) On the expiration of the term, the Collector shall make or tender to the persons interested compensation for the damage (if any) done to the land and not provided for by the agreement, and shall restore the land to the persons interested therein:
5
Provided that, if the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require, the appropriate Government shall proceed under this Act to acquire the land as if it was needed permanently for a public purpose or for a company.
77. In case the Collector and persons interested differ as to the condition of the land at Difference as the expiration of the term, or as to any matter connected with the said agreement, the Collector to condition of land. 1 0 shall refer such difference to the decision of the Authority concerned. CHAPTER XII OFFENCES
AND PENALTIES
78. (1) If a person, in connection with a requirement or direction under this Act, provides any information or produces any document that the person knows is false or 1 5 misleading, he shall be liable to be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one lakh rupees, or with both. (2) Any rehabilitation and resettlement benefit availed of by making a false claim or through fraudulent means shall be liable to be recovered by the appropriate authority.
20
Punishment for false information, malafide action, etc.
(3) Disciplinary proceedings may be drawn up by the disciplinary authority against a Government servant, who if proved to be guilty of a malafide action in respect of any provision of this Act, shall be liable to such punishment including a fine as the disciplinary authority may decide. 79. If any person contravenes any of the provisions relating to payment of compensation Penalty for or rehabilitation and resettlement, every such person shall be liable to a punishment of six contravention of provisions months which may extend to three years or with fine or with both. of Act.
25
80. (1) Where an offence under this Act has been committed by a company, every Offences by person who at the time the offence was committed was in charge of, and was responsible to, companies. the company for the conduct of the business of the company, shall be deemed to be guilty of 3 0 the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
35
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.— For the purposes of this section,— (a) “company” means any body corporate and includes a firm or other association of individuals and a Requiring Body; and (b) “director”, in relation to a firm, means a partner in the firm. 81. Where an offence under this Act has been committed by any department of the Offences by Government, the head of the department, shall be deemed to be guilty of the offence and Government Departments. shall be liable to be proceeded against and punished accordingly:
40
45
28 Provided that nothing contained in this section shall render any person liable to any punishment if such person proves that the offence was committed without his knowledge or that such person exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a Department of the Government and it is proved that the 5 offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any officer, other than the head of the department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Cognizance of offences by court. Offences to be noncongnizable. Offences to be cognizable only on complaint filed by certain persons.
82. No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of 1 0 the first class shall be competent to try any offence punishable under this Act. 83. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 2 of 1974. every offence under this Act shall be deemed to be non-cognizable. 84. No court shall take cognizance of any offence under this Act which is alleged to have been committed by a Requiring Body except on a complaint in writing made by the 1 5 Collector or any other officer authorised by the appropriate Government or any member of the affected family. CHAPTER XIII MISCELLANEOUS
Magistrate to enforce surrender.
85. If the Collector is opposed or impeded in taking possession under this Act of any 2 0 land, he shall, if a Magistrate, enforce the surrender of the land to himself, and if not a Magistrate, he shall apply to a Magistrate or to the Commissioner of Police, and such Magistrate or Commissioner, as the case may be, shall enforce the surrender of the land to the Collector. 86. (1) Save as otherwise provided in section 60, the service of any notice under this 2 5 Act shall be made by delivering or tendering a copy thereof signed, in the case of a notice, by the officer therein mentioned, and, in the case of any other notice, by order of the Collector. (2) Whenever it may be practicable, the service of the notice shall be made on the person therein named. (3) When such person cannot be found, the service may be made on any adult member 3 0 of his family residing with him; and, if no such adult member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the Collector or in the court-house, and also 35 in some conspicuous part of the land to be acquired: Provided that, if the Collector or Judge shall so direct, a notice may be sent by post, in a letter addressed to the person named therein at his last known residence, address or place of business and also publish the same in at least two national daily newspapers and also on his website.
Service of notice.
Completion of acquisition not compulsory, but compensation to be awarded when not completed.
87. (1) The appropriate Government shall be at liberty to withdraw from the acquisition 4 0 of any land of which possession has not been taken. (2) Whenever the appropriate Government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the 4 5 prosecution of the proceedings under this Act relating to the said land.
29 88. (1) The provisions of this Act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building shall be so acquired:
5 Acquisition of part of house or building.
Provided that, if any question shall arise as to whether any land proposed to be taken under this Act does or does not form part of a house, manufactory or building within the meaning of this section, the Collector shall refer the determination of such question to the Authority concerned and shall not be taken possession of such land until after the question has been determined. (2) In deciding on such a reference made under the proviso to sub-section (1) the Authority concerned shall have regard to the question whether the land proposed to be taken, is reasonably required for the full and unimpaired use of the house, manufactory or building.
10
(3) If, in the case of any claim under this Act, by a person interested, on account of the severing of the land to be acquired from his other land, the appropriate Government is of 1 5 opinion that the claim is unreasonable or excessive, it may, at any time before the Collector has made his award, order the acquisition of the whole of the land of which the land first sought to be acquired forms a part. (4) In the case of any acquisition of land so required no fresh declaration or other proceedings under sections 11 to 19, (both inclusive) shall be necessary; but the Collector 2 0 shall without delay furnish a copy of the order of the appropriate Government to the person interested, and shall thereafter proceed to make his award under section 23. 89. (1) Where the provisions of this Act are put in force for the purpose of acquiring land at the cost of any fund controlled or managed by a local authority or of any Requiring Body, the charges of land incidental to such acquisition shall be defrayed from or by such 2 5 fund or Requiring Body. (2) In any proceeding held before a Collector or Authority concerned in such cases the local authority or Requiring Body concerned may appear and adduce evidence for the purpose of determining the amount of compensation:
30 Acquisition of land at cost of a local authority or Requiring Body.
Provided that no such local authority or Requiring Body shall be entitled to demand a reference to the Authority concerned under section 58. 90. No award or agreement made under this Act shall be chargeable with stamp duty, Exemption except under section 42, and no person claiming under any such award or agreement shall be from stamp duty and fees. liable to pay any fee for a copy of the same.
16 of 1908. 3 5
91. In any proceeding under this Act, a certified copy of a document registered under Acceptance of the Registration Act, 1908, including a copy given under section 57 of that Act, may be certified copy as evidence. accepted as evidence of the transaction recorded in such document.
Notice in case of suits for anything done in pursuance of Act.
92. No suit or other proceeding shall be commenced against any person for anything done in pursuance of this Act, without giving to such person a month’s previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient 4 0 amendments.
93. No change from the purpose or related purposes for which the land is originally No change of purpose to be sought to be acquired shall be allowed. allowed. 94. No change of ownership without specific permission from the appropriate No change of ownership Government shall be allowed.
without permission to be allowed.
30
Return of unutilised land.
95. When any land or part thereof, acquired under this Act remains unutilised for a period of ten years from the date of taking over the possession, the same shall return to the Land Bank of the appropriate Government by reversion; 96. Whenever the ownership of any land acquired under this Act is transferred to any person for a consideration, without any development having taken place on such land, 5 twenty per cent. of the appreciated land value shall be shared amongst the persons from whom the lands were acquired or their heirs, in proportion to the value at which the lands were acquired. 97. The provisions of this Act shall be in addition to and not in derogation of, any 10 other law for the time being in force. 98. (1) Subject to sub-section (3), the provisions of this Act shall not apply to the enactments relating to land acquisition specified in the Fourth Schedule. (2) Subject to sub-section (2) of section 99 the Central Government may, by notification, omit or add to any of the enactments specified in the Fourth Schedule. (3) The Central Government may, by notification, direct that any of the provisions of 1 5 this Act relating to the determination of compensation in accordance with the First Schedule and rehabilitation and resettlement specified in the Second and Third Schedules, being beneficial to the affected families, shall apply to the cases of land acquisition under the enactments specified in the Fourth Schedule or shall apply with such exceptions or 20 modifications as may be specified in the notification, as the case may be. (4) A copy of every notification proposed to be issued under sub-section (3), shall be laid in draft before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses 2 5 agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the Houses of Parliament.
Difference in price of land when transferred for higher consideration to be shared. Provisions to be in addition to existing laws. Provisions of this Act not to apply in certain cases or to apply with certain modifications.
Power to amend Schedule.
99. (1) The Central Government may, by notification, amend or alter any of the Schedules to this Act. 30 (2) A copy of every notification proposed to be issued under sub-section (1), shall be laid in draft before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses 3 5 agree in making any modification in the notification, the notification shall not be issued or as the case may be, shall be issued only in such modified form as may be agreed upon by both the Houses of Parliament. 100. Nothing in this Act shall prevent any State from enacting any law to enhance or add to the entitlements enumerated under this Act which confers higher compensation than 4 0 payable under this Act or make provisions for rehabilitation and resettlement which is more beneficial than provided under this Act. 101. (1) Where a State law or a policy framed by the Government of a State provides for a higher compensation than calculated under this Act for the acquisition of land, the affected persons or his family or member of his family may at their option opt to avail such higher 4 5 compensation and rehabilitation and resettlement under such State law or such policy of the State. (2) Where a State law or a policy framed by the Government of a State offers more beneficial rehabilitation and resettlement provisions under that Act or policy than under this
Power of State Legislatures to enact any law more beneficial to affected families. Option to affected families to avail better compensation and rehabilitation and resettlement.
31 Act, the affected persons or his family or member of his family may at his option opt to avail such rehabilitation and resettlement provisions under such State law or such policy of the State instead of under this Act.
5
102. (1) Subject to the other provisions of this Act, the appropriate Government may, Power of appropriate by notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing, such rules to make rules. may provide for all or any of the following matters, namely:— (a) prior information process under the first proviso to sub-clause (vii) of clause (za) of section 3;
10
Government
(b) the manner and the time limit for carrying out social impact assessment study under sub-section (1) of section 4; (c) the manner of preparing and publishing social impact assessment study reports under sub-section (1) of section 6;
15
(d) the manner of obtaining consent of affected families under the proviso to sub-section (4) of section 8; (e) the manner and time for conducting survey and undertaking census under sub-section (1) of section 17; (f) the manner of preparing draft Rehabilitation and Resettlement Scheme under sub-section (2) of section 17;
20
(g) the manner of conducting public hearing under sub-section (5) of section 17; (h) the manner of depositing amount by the Requiring Body under second proviso to sub-section (2) of section 19; (i) the manner in which and the period within which any excess amount paid may be recovered under sub-section (3) of section 32;
25
(j) the powers, duties and responsibilities of Administrator under sub-section (2) of section 39; (k) the procedure of Rehabilitation and Resettlement Committee under subsection (3) of section 41;
30
(l) the procedure to be followed by the Rehabilitation and Resettlement Committee and allowances to be paid to the experts under sub-section (3) of section 43; (m) the salaries and allowances and other conditions of service of the Registrar and other officers and employees of an Authority under sub-section (3) of section 49; (n) the salary and allowances payable to and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Presiding Officer of an Authority under section 50; (o) any other matter under clause (g) of sub-section (1) of section 54; (p) form of Development Plan for the displaced Scheduled Castes and Scheduled Tribes under paragraph 11 of the Second Schedule; (q) any other matter which is required to be or may be specified under this Act.
35
103. Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses 4 5 agree that the rule should not be made, the rule shall thereafter have effect only in such
40
Rules made by Central Government to be laid before Parliament.
32 modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Rules made by State Government to be laid before State Legislature. Previous publication of rules made by Central and State Government. Power to remove difficulties.
104. Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two 5 Houses, or where such Legislature consists of one House, before that House.
105. The power to make rules by the Central or State Government under this Act shall be subject to the condition of the rules, being made after previous publication.
106. (1) If any difficulty arises in giving effect to the provisions of this Part, the Central Government may, by order, make such provisions or give such directions not inconsistent 1 0 with the provisions of this Act as may appear to it to be necessary or expedient for the removal of the difficulty: Provided that no such power shall be exercised after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, 1 5 before each House of Parliament
Repeal and saving.
107. (1) The Land Acquisition Act, 1894 is hereby repealed.
1 of 1894.
(2) Save as otherwise provided in this Act the repeal under sub-section (1) shall not be held to prejudice or effect the general application of section 6 of the General Clauses Act, 1897 with regard to the effect of repals. 2 0 10 of 1897.
THE FIRST SCHEDULE [See section 29 (2)] COMPENSATION
FOR LAND OWNERS
The following components shall constitute the minimum compensation package to be given to those whose land is acquired. Serial Component of compensation number package in respect of land acquired under the Act (1) 1. 2. (2) Market value of land Factor by which the market value is to be multipled in the case of rural areas Factor by which the market value is to be multipled in the case of urban areas Value of assets attached to land or building Solatium Manner of determination of value Date of determination of value (4)
(3) To be determined as provided under section 26. 2 (Two).
3.
1 (One).
4. 5.
To be determined as provided under section 28. Equivalent to one hundred per cent. of the market value of land mentioned against serial number 1 multiplied by the factor specified against serial number 2 for rural areas or serial number 3 for urban areas plus value of assets attached to land or building against serial number 4 under column (2). Market value of land mentioned against serial number 1 multiplied by the factor specified against serial number 2 plus value of assets attached to land or building mentioned against serial number 4 under column (2) plus solatium mentioned against serial number 5 under column (2). Market value of land mentioned against serial number 1 multiplied by the factor specified against serial number 3 plus value of assets attached to land or building mentioned against serial number 33
6.
Final award in rural areas
7.
Final award in urban areas
34 (1) (2) (3) 4 under column (2) plus solatium mentioned against serial number 5 under column (2). 8. NOTE Other component, if any, to be included — The date on which values mentioned under column (2) are determined should be indicated under column (4) against each serial number. (4)
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THE SECOND SCHEDULE [See sections 30 (1), 37(1) and 98(3)] ELEMENTS OF REHABILITATION AND RESETTLEMENT ENTITLEMENTS FOR ALL THE AFFECTED FAMILIES (BOTH LAND OWNERS AND THE FAMILIES WHOSE LIVELIHOOD IS PRIMARILY DEPENDENT ON LAND ACQUIRED) IN ADDITION TO THOSE PROVIDED IN THE FIRST S CHEDULE. Serial Elements of Rehabilitation number and Resettlement Entitlements Entitlement/provision Whether provided or not (if provided, details to be given) (4)
(1) 1.
(2) Provision of housing units in case of displacement
(3) (1) If a house is lost in rural areas, a constructed house shall be provided as per the Indira Awas Yojana specifications. If a house is lost in urban areas, a constructed house shall be provided, which will be not less than 50 sq mts in plinth area. (2) The benefits listed above shall also be extended to any affected family which is without homestead land and which has been residing in the area continuously for a period of not less than three years preceding the date of notification of the affected area and which has been involuntarily displaced from such area: Provided that any such family in urban areas which opts not to take the house offered, shall get a one-time financial assistance for house construction, which shall not be less than one lakh fifty thousand rupees: Provided further that if any affected family in rural areas so prefers, the equivalent cost of the house may be offered in lieu of the constructed house: Provided also that no family affected by acquisition shall be given more than one house under the provisions of this Act. 35
36 (1) (2) (3) Explanation.—The houses in urban areas may, if necessary, be provided in multi-storied building complexes. 2. Land for Land In the case of irrigation project, each affected family owning agricultural land in the affected area and whose land has been acquired or lost, or who has, as a consequence of the acquisition or loss of land, been reduced to the status of a marginal farmer or landless, shall be allotted, in the name of each person included in the records of rights with regard to the affected family, a minimum of one acre of land in the command area of the project for which the land is acquired: Provided that in every project those persons losing land and belonging to the Scheduled Castes or Scheduled Tribes will be provided land equivalent to land acquired or two and a onehalf acres, whichever is lower: Provided further that where the land is acquired for urbanisation purposes, twenty per cent. of the developed land will be reserved and offered to land owning project affected families, in proportion to the area of their land acquired and at a price equal to cost of acquisition and the cost of development. In case the project affected family wishes to avail of this offer, an equivalent amount will be deducted from the land acquisition compensation package payable to it. 3. Choice of Annuity or Employment The appropriate Government shall ensure that the affected families are provided with the following options: (a) where jobs are created through the project, mandatory employment at a rate not lower than the minimum wages pro(4)
37 (1) (2) (3) vided for in any other law for the time being in force, to at least one member per affected family in the project or arrange for a job in such other project as may be required; or (b) one time payment of five lakhs rupees per affected family; or (c) annuity policies that shall pay not less than two thousand rupees per month per family for twenty years, with appropriate indexation to the Consumer Price Index for Agricultural Labourers. 4. Subsistence grant for displaced families for a period of one year Each affected family which is displaced from the land acquired shall be given a monthly subsistence allowance equivalent to three thousand rupees per month for a period of one year from the date of award. In addition to this amount, the Scheduled Castes and the Scheduled Tribes displaced from Scheduled Areas shall receive an amount equivalent to fifty thousand rupees. 5. Transportation cost for displaced families Each affected family which is displaced shall get a one-time financial assistance of fifty thousand rupees as transportation cost for shifting of the family, building materials, belongings and cattle. Each affected family having cattle or having a petty shop shall get one-time financial assistance of such amount as the appropriate Government may, by notification, specify subject to a minimum of twenty-five thousand rupees for construction of cattle shed or petty shop as the case may be. Each affected family of an artisan, small trader or self-employed person or an affected family which owned non-agricultural land or commercial, industrial or (4)
6.
Cattle shed/petty shops cost
7.
One time grant to artisan, small traders and certain others
38 (1) (2) (3) institutional structure in the affected area, and which has been involuntarily displaced from the affected area due to land acquisition, shall get one-time financial assistance of such amount as the appropriate Government may, by notification, specify subject to a minimum of twenty-five thousand rupees. 8. Fishing rights In cases of irrigation or hydel projects, the affected families may be allowed fishing rights in the reservoirs, in such manner as may be prescribed by the appropriate Government. Each affected family shall be given a one-time “Resettlement Allowance” of fifty thousand rupees only. (1) The stamp duty and other fees payable for registration of the land or house allotted to the affected families shall be borne by the Requiring Body. (2) The land for house allotted to the affected families shall be free from all encumbrances. (3) The land or house allotted may be in the joint names of wife and husband of the affected family. (1) In case of a project involving land acquisition on behalf of a Requiring Body which involves involuntary displacement of the Scheduled Castes or the Scheduled Tribes families, a Development Plan shall be prepared, in such form as may be prescribed, laying down the details of procedure for settling land rights due but not settled and restoring titles of tribals on alienated land by undertaking a special drive together with land acquisition. (2) The Development Plan shall also contain a programme for development of alternate fuel, fod(4)
9.
One-time Resettlement Allowance
10.
Stamp duty and registration fee
11.
Special provisions for Scheduled Castes and Scheduled Tribes
39 (1) (2) (3) der and non-timber forest produce resources on non-forest lands within a period of five years sufficient to meet the requirements of tribal communities as well as the Scheduled Castes. (3) The concerned Gram Sabha or the Panchayats at the appropriate level in the Scheduled Areas under the Fifth Schedule to the Constitution or, as the case may be, Councils in the Sixth Scheduled Areas shall be consulted in all cases of land acquisition in such areas, including acquisition in case of urgency, before issue of a notification under this Act, or any other Central Act or a State Act for the time being in force as per the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996) and other relevant laws. (4) In case of land being acquired from members of the Scheduled Castes or the Scheduled Tribes, at least one-third of the compensation amount due shall be paid to the affected families at the outset as first instalment and the rest shall precede the taking over of the possession of the land. (5) The Scheduled Tribes affected families shall be resettled preferably in the same Scheduled Area in a compact block, so that they can retain their ethnic, linguistic and cultural identity. (6) The resettlement areas predominantly inhabited by the Scheduled Castes and the Scheduled Tribes shall get land, to such extent as may be decided by the appropriate Government, free of cost for community and social gatherings. (7) In case of a project involving land acquisition on behalf of a Requiring Body, the affected families belonging to the Scheduled Castes and the Scheduled Tribes resettled out of the district of acquisition will get (4)
40 (1) (2) (3) (4)
twenty-five per cent. higher monetary benefits under Rehabilitation and Resettlement Scheme. (8) Any alienation of tribal lands or lands belonging to members of the Scheduled Castes in disregard of the laws and regulations for the time being in force shall be treated as null and void; and in the case of acquisition of such lands, the rehabilitation and resettlement benefits shall be available to the original tribal land owners or land owners belonging to the Scheduled Castes. (9) The affected Scheduled Tribes, other traditional forest dwellers and the Scheduled Castes families having fishing rights in a river or pond or dam in the affected area shall be given fishing rights in the reservoir area of the irrigation or hydel projects. (10) Where the affected Scheduled Castes and Scheduled Tribes are relocated outside of the district then they shall be paid an additional twenty-five per cent. Rehabilitation and Resettlement benefits to which they are entitled in monetary terms along with a one-time entitlement of fifty thousand rupees. 12. Reservation and other benefits All benefits, including the reservation benefits available to the Scheduled Tribes and the Scheduled Castes in the affected areas, shall continue in the resettlement area. Wherever the affected families belonging to the Scheduled Tribes who are residing in the Fifth Schedule or Sixth Schedule the Sixth Areas are relocated outside these areas, all the statutory safeguards, entitlements and benefits being enjoyed by them shall be extended to the area to where they are resettled regardless of whether the resettlement area is a Fifth Schedule or Schedule Sixth Area or not. NOTE. — In case any element of rehabilitation and resettlement package is not provided, the same should be indicated as “NIL” under column (4) and reasons therefor to be given.
THE THIRD SCHEDULE [ (See sections 31(2), 37(1) and 98(3)] PROVISION OF INFRASTRUCTURAL AMENITIES For resettlement of populations, the following infrastructural facilities and basic minimum amenities are to be provided at the cost of the Requisitioning Authority to ensure that the resettled population in the new village or colony can secure for themselves a reasonable standard of community life and can attempt to minimise the trauma involved in displacement. A reasonably habitable and planned settlement would have, as a minimum, the following facilities and resources, as appropriate: Serial number Component of infrastructure amenities provided/proposed to be provided by the acquirer of land Details of infrastructure amenities provided by the acquirer of land (3)
(1) 1.
(2) Roads within the resettled villages and an all-weather road link to the nearest pucca road, passages and easement rights for all the resettled families be adequately arranged. Proper drainage as well as sanitation plans executed before physical resettlement. One or more assured sources of safe drinking water for each family as per the norms prescribed by the Government of India. Provision of Drinking water for cattle. Grazing land as per proportion acceptable in the State. A reasonable number of Fair Price Shops. Panchayat Ghars, as appropriate. Village level Post Offices, as appropriate, with facilities for opening saving accounts. Appropriate seed-cum-fertilizer storage facility if needed. Efforts must be made to provide basic irrigation facilities to the agricultural land allocated to the resettled families if not from the irrigation project, then by developing a cooperative or under some Government scheme or special assistance. All new villages established for resettlement of the displaced persons shall be provided with suitable transport facility which must include public transport facilities through local bus services with the nearby growth centres/urban localities. Burial or cremation ground, depending on the castecommunities at the site and their practices. Facilities for sanitation, including individual toilet points. 41
2. 3.
4. 5. 6. 7. 8. 9. 10.
11.
12. 13.
42 (1) 14. (2) Individual single electric connections (or connection through non-conventional sources of energy like solar energy), for each household and for public lighting. Anganwadi’s providing child and mother supplemental nutritional services. School as per the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009); Sub-health centre within two kilometres range. Primary Health Centre as prescribed by the Government of India. Playground for children. One community centre for every hundred families. Places of worship and chowpal/tree platform for every fifty families for community assembly, of numbers and dimensions consonant with the affected area. Separate land must be earmarked for traditional tribal institutions. The forest dweller families must be provided, where possible, with their traditional rights on non-timber forest produce and common property resources, if available close to the new place of settlement and, in case any such family can continue their access or entry to such forest or common property in the area close to the place of eviction, they must continue to enjoy their earlier rights to the aforesaid sources of livelihood. Appropriate security arrangements must be provided for the settlement, if needed. Veterinary service centre as per norms. Details of each component of infrastructural amenities mentioned under column (2) against serial numbers 1 to 25 should be indicated by the acquirer of land under column (3). In case the acquirer of land cannot provide the component of infrastructural amenities mentioned under column (2), it shall indicate “NOT PROVIDED” under column (3) with the reasons therefor. (3)
15. 16. 17. 18. 19. 20. 21.
22. 23.
24. 25. NOTE.- 1.
NOTE.-2.
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THE FOURTH SCHEDULE (See section 98) LIST OF LEGISLATIONS REGULATING LAND ACQUISITION AND REHABILITATION AND RESETTLEMENT 1. The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958). 2. The Atomic Energy Act, 1962 (33 of 1962). 3. The Cantonments Act, 2006 (41 of 2006). 4. The Damodar Valley Corporation Act, 1948 (14 of 1948). 5. The Indian Tramways Act, 1886 (11 of 1886). 6. The Land Acquisition (Mines) Act, 1885 (18 of 1885). 7. The Metro Railways (Construction of Works) Act, 1978 (33 of 1978). 8. The National Highways Act, 1956 (48 of 1956). 9. The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962). 10. The Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952). 11. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (60 of 1948). 12. The Special Economic Zones Act, 2005 (28 of 2005). 13. The Coal Bearing Areas Acquisition and Development Act, 1957 (20 of 1957). 14. The Electricity Act, 2003 (36 of 2003). 15. The Railways Act, 1989 (24 of 1989). 16. The Works of Defence Act, 1903 (7 of 1903).
43
STATEMENT OF OBJECTS AND REASONS The Land Acquisition Act, 1894 is the general law relating to acquisition of land for public purposes and also for companies and for determining the amount of compensation to be made on account of such acquisition. The provisions of the said Act have been found to be inadequate in addressing certain issues related to the exercise of the statutory powers of the State for involuntary acquisition of private land and property. The Act does not address the issues of rehabilitation and resettlement to the affected persons and their families. 2. The definition of the expression "public purpose" as given in the Act is very wide. It has, therefore, become necessary to re-define it so as to restrict its scope for acquisition of land for strategic purposes vital to the State, and for infrastructure projects where the benefits accrue to the general public. The provisions of the Act are also used for acquiring private lands for companies. This frequently raises a question mark on the desirability of such State intervention when land could be arranged by the company through private negotiations on a "willing seller-willing buyer" basis, which could be seen to be a more fair arrangement from the point of view of the land owner. In order to streamline the provisions of the Act causing less hardships to the owners of the land and other persons dependent upon such land, it is proposed repeal the Land Acquisition Act, 1894 and to replace it with adequate provisions for rehabilitation and resettlement for the affected persons and their families. 3. There have been multiple amendments to the Land Acquisition Act, 1894 not only by the Central Government but by the State Governments as well. Further, there has been heightened public concern on land acquisition, especially multi-cropped irrigated land and there is no central law to adequately deal with the issues of rehabilitation and resettlement of displaced persons. As land acquisition and rehabilitation and resettlement need to be seen as two sides of the same coin, a single integrated law to deal with the issues of land acquisition and rehabilitation and resettlement has become necessary. Hence the proposed legislation proposes to address concerns of farmers and those whose livelihoods are dependent on the land being acquired, while at the same time facilitating land acquisition for industrialization, infrastructure and urbanization projects in a timely and transparent manner. 4. Earlier, the Land Acquisition (Amendment) Bill, 2007 and Rehabilitation and Resettlement Bill, 2007 were introduced in the Lok Sabha on 6th December, 2007 and were referred to the Parliamentary Standing Committee on Rural Development for Examination and Report. The Standing Committee presented its reports (the 39th and 40th Reports) to the Lok Sabha on 21st October, 2008 and laid the same in the Rajya Sabha on the same day. Based on the recommendations of the Standing Committee and as a consequence thereof, official amendments to the Bills were proposed. The Bills, alongwith the official amendments, were passed by the Lok Sabha on 25th February, 2009, but the same lapsed with the dissolution of the 14th Lok Sabha. 5. It is now proposed to have a unified legislation dealing with acquisition of land, provide for just and fair compensation and make adequate provisions for rehabilitation and resettlement mechanism for the affected persons and their families. The Bill thus provides for repealing and replacing the Land Acquisition Act, 1894 with broad provisions for adequate rehabilitation and resettlement mechanism for the project affected persons and their families. 6. Provision of public facilities or infrastructure often requires the exercise of powers by the State for acquisition of private property leading to displacement of people, depriving them of their land, livelihood and shelter, restricting their access to traditional resource base and uprooting them from their socio-cultural environment. These have traumatic, psychological and socio-cultural consequences on the affected population which call for protecting their rights, particularly in case of the weaker sections of the society including members of the Scheduled Castes (SCs), the Scheduled Tribes (STs), marginal farmers and their families. 44
45 7. There is an imperative need to recognise rehabilitation and resettlement issues as intrinsic to the development process formulated with the active participation of affected persons and families. Additional benefits beyond monetary compensation have to be provided to families affected adversely by involuntary displacement. The plight of those who do not have rights over the land on which they are critically dependent for their subsistence is even worse. This calls for a broader concerted effort on the part of the planners to include in the displacement, rehabilitation and resettlement process framework, not only for those who directly lose their land and other assets but also for all those who are affected by such acquisition. The displacement process often poses problems that make it difficult for the affected persons to continue their traditional livelihood activities after resettlement. This requires a careful assessment of the economic disadvantages and the social impact arising out of displacement. There must also be holistic effort aimed at improving the all-round living standards of the affected persons and families. 8. A National Policy on Resettlement and Rehabilitation for Project Affected Families was formulated in 2003, which came into force with effect from February, 2004. Experience gained in implementation of this policy indicates that there are many issues addressed by the policy which need to be reviewed. There should be a clear perception, through a careful quantification of the costs and benefits that will accrue to society at large, of the desirability and justifiability of each project. The adverse impact on affected families-economic, environmental, social and cultural-must be assessed in participatory and transparent manner. A national rehabilitation and resettlement framework thus needs to apply to all projects where involuntary displacement takes place. 9. The National Rehabilitation and Resettlement Policy, 2007 has been formulated on these lines to replace the National Policy on Resettlement and Rehabilitation for Project Affected Families, 2003. The new policy has been notified in the Official Gazette and has become operative with effect from the 31st October, 2007. Many State Governments have their own Rehabilitation and Resettlement Policies. Many Public Sector Undertakings or agencies also have their own policies in this regard. 10. The law would apply when Government acquires land for its own use, hold and control, or with the ultimate purpose to transfer it for the use of private companies for stated public purpose or for immediate and declared use by private companies for public purpose. Only rehabilitation and resettlement provisions will apply when private companies buy land for a project, more than 100 acres in rural areas, or more than 50 acres in urban areas. The land acquisition provisions would apply to the area to be acquired but the rehabilitation and resettlement provisions will apply to the entire project area even when private company approaches Government for partial acquisition for public purpose. 11. “Public purpose” has been comprehensively defined, so that Government intervention in acquisition is limited to defence, certain development projects only. It has also been ensured that consent of at least 80 per cent. of the project affected families is to be obtained through a prior informed process. Acquisition under urgency clause has also been limited for the purposes of national defence, security purposes and Rehabilitation and Resettlement needs in the event of emergencies or natural calamities only. 12. To ensure food security, multi-crop irrigated land shall be acquired only as a last resort measure. An equivalent area of culturable wasteland shall be developed, if multi-crop land is acquired. In districts where net sown area is less than 50 per cent. of total geographical area, no more than 10 per cent. of the net sown area of the district will be acquired.
46 13. To ensure comprehensive compensation package for the land owners a scientific method for calculation of the market value of the land has been proposed. Market value calculated will be multiplied by a factor of two in the rural areas. Solatium will also be increased upto 100 per cent. of the total compensation. Where land is acquired for urbanization, 20 per cent. of the developed land will be offered to the affected land owners. 14. Comprehensive rehabilitation and resettlement package for land owners including subsistence allowance, jobs, house, one acre of land in cases of irrigation projects, transportation allowance and resettlement allowance is proposed. 15. Comprehensive rehabilitation and resettlement package for livelihood losers including subsistence allowance, jobs, house, transportation allowance and resettlement allowance is proposed. 16. Special provisions for Scheduled Castes and the Scheduled Tribes have been envisaged by providing additional benefits of 2.5 acres of land or extent of land lost to each affected family; one time financial assistance of Rs. 50,000/-; twenty-five per cent. additional rehabilitation and resettlement benefits for the families settled outside the district; free land for community and social gathering and continuation of reservation in the resettlement area, etc. 17. Twenty-five infrastructural amenities are proposed to be provided in the resettlement area including schools and play grounds, health centres, roads and electric connections, assured sources of safe drinking water, Panchayat Ghars, Anganwadis, places of worship, burial and cremation grounds, village level post offices, fair price shops and seed-cum-fertilizers storage facilities. 18. The benefits under the new law would be available in all the cases of land acquisition under the Land Acquisition Act, 1894 where award has not been made or possession of land has not been taken. 19. Land that is not used within ten years in accordance with the purposes, for which it was acquired, shall be transferred to the State Government's Land Bank. Upon every transfer of land without development, twenty per cent. of the appreciated land value shall be shared with the original land owners. 20. The provisions of the Bill have been made fully compliant with other laws such as the Panchayats (Extension to the Scheduled Areas) Act, 1996; the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and Land Transfer Regulations in Fifth Scheduled Areas. 21. Stringent and comprehensive penalties both for the companies and Government in cases of false information, mala fide action and contravention of the provisions of the propose legislation have been provided. 22. Certain Central Acts dealing with the land acquisition have been enlisted in the Bill. The provisions of the Bill are in addition to and not in derogation of these Acts. The provisions of this Act can be applied to these existing enactments by a notification of the Central Government. 23. The Bill also provides for the basic minimum requirements that all projects leading to displacement must address. It contains a saving clause to enable the State Governments, to continue to provide or put in place greater benefit levels than those prescribed under the Bill. 24. The Bill would provide for the basic minimum that all projects leading to displacement must address. A Social Impact Assessment (SIA) of proposals leading to displacement of people through a participatory, informed and transparent process
47 involving all stake-holders, including the affected persons will be necessary before these are acted upon. The rehabilitation process would augment income levels and enrich quality of life of the displaced persons, covering rebuilding socio-cultural relationships, capacity building and provision of public health and community services. Adequate safeguards have been proposed for protecting rights of vulnerable sections of the displaced persons. 25. The Bill seeks to achieve the above objects. The notes on clauses explain the various provisions contained in the Bill.
NEW D ELHI; The 5th September, 2011. JAIRAM RAMESH
Notes on clauses Clause 1 seeks to provide the short title, extent and commencement of the proposed legislation. Clause 2 seeks to provide the application of the proposed legislation. Clause 3 seeks to provide the definitions of the various expressions used in the proposed legislation. Clause 4 seeks to provide preparation of Social Impact Assessment Study whenever the appropriate Government intends to acquire land for a public purpose taking into consideration amongst other things, the impact that the project is likely to have on various components such as public and community properties, assets and infrastructure particularly roads, public transport, drainage, sanitation, sources of drinking water, sources of water for cattle, community ponds, grazing land, plantations, public utilities, such as post offices, fair price shops, food storage godowns, electricity supply, health care facilities, schools and educational or training facilities, anganwadis, children parks, places of worship, land for traditional tribal institutions, burial and cremation grounds. Clause 5 seeks to provide public hearing for Social Impact Assessment to ascertain the views of the affected families and to be recorded in the Social Impact Assessment Report. Clause 6 seeks to provide publication of Social Impact Assessment study in the affected area and its uploading on a website created especially for this purpose. Clause 7 seeks to provide appraisal of Social Impact Assessment Report by an independent multi-disciplinary expert group. Clause 8 seeks to provide constitution of a committee under the Chairmanship of Chief Secretary of the State or Union territory or an officer of equivalent rank nominated by the appropriate Government to examine proposals for land acquisition and the Social Impact Assessment Report when the land sought to be acquired is more than one hundred acres or more. Clause 9 seeks to provide exemption from Social Impact Assessment when the land is proposed to be acquired invoking the urgency provisions under section 38 of the Act. Clause 10 seeks to provide special provisions to safeguard food security and puts the conditionality in respect of acquisition of irrigated and multi-cropped land. Clause 11 seeks to provide publication of preliminary notification along with details of the land to be acquired in rural and urban areas and power of officers thereupon. Clause 12 seeks to provide preliminary survey of land and power of officers to carry out survey. Clause 13 seeks to provide payment for damage at the time of entry under clause 12 for any damage caused. Clause 14 seeks to provide lapse of Social Impact Assessment Report in case preliminary notification under clause 11 is not issued within twelve months from the date of appraisal of the Social Impact Assessment report submitted by the Expert Committee. Clause 15 seeks to provide rescission of preliminary notification where no declaration is made under clause 19 within twelve months from the date of preliminary notification. Clause 16 seeks to provide hearing of objections of any person interested in any land which has been notified under sub-clause (1) of clause 11. 48
49 Clause 17 seeks to provide preparation of Rehabilitation and Resettlement Scheme by the Administrator upon the publication of the preliminary notification under sub-clause (1) of clause 11 by the Collector. Clause 18 seeks to provide review of the Resettlement and Rehabilitation Scheme by the Collector of the draft scheme submitted by the Administrator. Clause 19 seeks to provide publication of declaration and summary of Rehabilitation and Resettlement when the appropriate Government is satisfied, after considering the report, if any, made under sub-clause (2) of clause 16, that any particular land is needed for a public purpose. Clause 20 seeks to provide that the land to be marked out measured and planned including marking of specific areas. Clause 21 seeks to provide issuing notices to persons interested in the land to appear personally or by agent or pleader before the Collector at a time and place mentioned in the public notice. Clause 22 seeks to provide power to require and enforce the making of statements as to names and interests. Clause 23 seeks to provide enquiry into the objections, if any, and land acquisition award by Collector. Clause 24 seeks to provide that land acquisition process under the Land Acquisition Act, 1894 shall be deemed to have lapsed in certain cases where the award has not been made and possession of land has not been taken before the commencement of proposed legislation. Clause 25 seeks to provide period within which an award shall be made by the Collector. Clause 26 seeks to provide criteria in assessing and determining the market value of the land by Collector. Clause 27 seeks to provide determination of amount of compensation by the Collector after having determined the market value of the land to be acquired. Clause 28 seeks to provide determination of value of things attached to land or building. Clause 29 seeks to provide award of solatium by the Collector after having determined the total compensation to be paid to arrive at the final award. Clause 30 seeks to provide Rehabilitation and Resettlement award for affected families by the Collector in terms of the entitlements provided in the Second Schedule. Clause 31 seeks to provide provision of infrastructural amenities in resettlement area by the Collector as per the basic amenities specified in the Third Schedule. Clause 32 seeks to provide corrections to awards by the Collector for any clerical or arithmetical mistakes in either of the awards or errors arising therein either on his own motion or on the application of any person interested or local authority. Clause 33 seeks to provide adjournment of enquiry by the Collector for any cause he thinks fit, from time to time. Clause 34 seeks to provide power to summon and enforce attendance of witnesses and production of documents by the Collector. Clause 35 seeks to provide power to call for records, etc., by the appropriate Government at any time before the award is made by the Collector. Clause 36 seeks to provide that awards of Collector shall be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and market value of the land and the assets attached thereto, solatium so determined and the apportionment of the compensation among the persons interested.
50 Clause 37 seeks to provide power to take possession of land to be acquired. Clause 38 seeks to provide special powers in case of urgency to acquire land in certain cases. Clause 39 seeks to provide appointment of Administrator where the appropriate Government is satisfied that there is likely to be involuntary displacement of persons due to acquisition of land. Clause 40 seeks to provide for appointment of Commissioner for Rehabilitation and Resettlement by the State Government for rehabilitation and resettlement of affected families under proposed legislation. Clause 41 seeks to provide Rehabilitation and Resettlement Committee at Project Level where land proposed to be acquired is equal to or more than one hundred acres. Clause 42 seeks to provide provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons for purchasing land equal to or more than one hundred acres, in rural areas and fifty acres in urban areas, through private negotiations. Clause 43 seeks to provide establishment of National Monitoring Committee for Rehabilitation and Resettlement by the Central Government for reviewing and monitoring the implementation of rehabilitation and resettlement schemes or plans under proposed legislation. Clause 44 seeks to provide reporting requirements by the States and Union territories to provide all the relevant information on the matters covered under this Act, to the National Monitoring Committee in a regular and timely manner, and also as and when required. Clause 45 seeks to provide establishment of Land Acquisition, Rehabilitation and Resettlement Authority by the appropriate Government for the purpose of providing speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement. Clause 46 seeks to provide composition of Land Acquisition, Rehabilitation and Resettlement Authority. Clause 47 seeks to provide qualifications for appointment as Presiding Officer of the Land Acquisition, Rehabilitation and Resettlement Authority. Clause 48 seeks to provide terms of office of Presiding Officer. The Presiding Officer shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier. Clause 49 seeks to provide staff of the Authority. Clause 50 seeks to provide salary and allowances and other terms and conditions of service of Presiding Officer of the Authority. Clause 51 seeks to provide for filling up of vacancies, in case in any vacancy occurs in the office of Presiding Officer of Land Acquisition, Rehabilitation and Resettlement Authority. Clause 52 seeks to provide the manner and procedure of resignation and removal of Presiding Officer of Land Acquisition, Rehabilitation and Resettlement Authority. Clause 53 seeks to provide that the orders constituting Authority shall be final. Clause 54 seeks to provide powers of Land Acquisition, Rehabilitation and Resettlement Authority. Clause 55 seeks to provide that all the proceedings before the Authority shall deem to be judicial proceedings. Clause 56 seeks to provide that the Presiding Officers and officers shall deemed to be public servants. Clause 57 seeks to bar jurisdiction of civil courts in respect of matters in which the Land Acquisition, Rehabilitation and Resettlement Authority or the Collector is empowered under the proposed legislation.
51 Clause 58 seeks to provide that any person who has not accepted the award may refer the matter to Land Acquisition, Rehabilitation and Resettlement Authority through the District Collector. Clause 59 seeks to provide that the Collector shall file statement for the information of the Land Acquisition, Rehabilitation and Resettlement Authority under clause 58. Clause 60 seeks to provide the manner in which the Authority cause a notice be served on the applicant, persons interested in the objection and District Collector. Clause 61 seeks to provide that the scope of the enquiry in every such proceeding shall be restricted to a consideration of the interest of the persons affected by the objection. Clause 62 seeks to provide that proceeding of the Authority shall take place in public, and all persons entitled to practice in any Civil Court in the State shall be entitled to appear, plead and act in such proceeding. Clause 63 seeks to provide for the manner in which the amount of compensation is to be determined for the land to be acquired. Clause 64 seeks to provide the form of award. It provides that the award made by the Presiding Officer shall deemed to be a decree within the meaning of Code of Civil Procedure, 1908. Clause 65 seeks to provide that the cost shall be paid by the Collector when the award of Collector is not upheld. Clause 66 seeks to provide that the Collector may be directed to pay interest on excess compensation when award of the Authority is in excess of the award of the Collector. Clause 67 seeks to provide for the manner of redetermination of amount of compensation on the basis of the award of the Land Acquisition, Rehabilitation and Resettlement Authority. Clause 68 seeks to provide that any person aggrieved from the award passed by the Authority can file appeal in the High Court within sixty days of the award of the Authority. Clause 69 seeks to provide that the apportionment of compensation in the award shall be conclusive evidence of the correctness of the apportionment. Clause 70 seeks to provide that any dispute as to apportionment can be referred to the Authority for settlement. Clause 71 seeks to provide that the payment of compensation awarded by the Collector shall be paid by depositing the amount in the bank accounts of the awardees and in case the awardees is not ready to accept the same, amount will be deposited with the Authority. Clause 72 seeks to provide that the Authority can order investment of the money deposited with it in respect of lands belonging to person incompetent to alienate. Clause 73 seeks to provide that the Authority can order the investment of amount deposited with it in government or other approved securities as it may deem fit, in cases in other than those mentioned clause 72. Clause 74 seeks to provide that the Collector shall pay at the rate of nine per cent. per annum whenever amount of compensation is not paid or deposited with the Authority before taking possession of the land. Clause 75 seeks to provide for temporary occupation of waste or arable land for a period not exceeding three years on payment of compensation. Clause 76 seeks to provide power to collector to enter and take possession of land after payment of compensation for temporary occupation. Clause 77 seeks to provide that the Collector shall refer the matter to the Authority in case of a difference of opinion as to condition of land returned to the original occupant after temporary occupation.
52 Clause 78 seeks to provide that the details of punishment for furnishing false information. It also provides initiation of disciplinary proceedings for mala fide actions by Government servants. Clause 79 seeks to provide for the penalty of six months to three years or fine for contravention of provisions of the proposed legislation relating to payment to compensation or rehabilitation and resettlement. Clause 80 seeks to provide that, in case of offence by companies, the person in charge of the conduct of business at the time of commission of the offence will be liable for punishment. Clause 81 seeks to provide that in case of offence by the government department, the head department will be deemed guilty of the offence. Clause 82 seeks to provide that no Court inferior metropolitan magistrate or judicial magistrate of the first class shall be competent to try offence under the proposed legislation. Clause 83 seeks to provide that all the offences under the proposed legislation shall be deemed to be non-cognizable. Clause 84 seeks to provide that no Court shall take cognizance of any offence by requiring body except on written complaint by the District Collector or authorized officer. Clause 85 seeks to provide that a Magistrate or the Commissioner of Police can enforce surrender of land in case Collector is opposed in taking possession. Clause 86 seeks to provide the procedure of servicing a notice under the proposed legislation. Clause 87 seeks to provide that Appropriate Government can withdraw from land acquisition before taking actual possession and the Collector shall determine the amount of compensation due for damage suffered by the owner. Clause 88 seeks to provide that the acquisition of part of any house or building against the wishes of the owner cannot be done. Clause 89 seeks to provide that the cost of acquisition shall be defrayed from the Requiring Body. Clause 90 seeks to provide that no award or agreement made under the proposed legislation will be chargeable with stamp duty except under clause 42. Further a person claiming under any such award or agreement is not required to pay any fee for a copy of such award of agreement. Clause 91 seeks to provide that a certified copy of the document registered under the Registration Act, 1908 may be accepted as evidence of transaction recorded in such document. Clause 92 seeks to provide that no suit or other proceeding can be commenced against any person for anything done under the proposed legislation without giving one month’s notice in writing. Clause 93 seeks to provide that no change from the purpose or related purposes for which the land is originally acquired shall be allowed. Clause 94 seeks to provide that the ownership of land cannot be changed without specific permission from the Appropriate Government. Clause 95 seeks to provide that a land acquired under the proposed legislation will be returned to the Land Bank of the Appropriate Government if remaining unutilised for a period of ten years. Clause 96 seeks to provide for share of difference in price of land when transferred for higher consideration.
53 Clause 97 seeks to provide for provisions to be in addition to existing laws and not in derogation of, any other law for the time being in force. Clause 98 seeks to provide for provisions of the proposed legislation not to apply in certain cases or to apply with certain modifications. Clause 99 seeks to provide for power to amend or alter the Schedules of the proposed legislation by the Central Government by notification. Every such notification shall have to be laid before Parliament in draft form for approval. Clause 100 seeks to clarify that the provisions of the proposed legislation shall not affect the power of the State Legislatures to enact any law confering higher compensation than payable under the proposed legislation or in making provisions for rehabilitation and resettlement which is more beneficial than provided under the Bill. Clause 101 seeks to provide for option to affect families to avail better compensation and rehabilitation and resettlement where a State law or a policy framed by the Government of a state provides for a higher compensation than calculated under the proposed legislation. Clause 102 seeks to empower the appropriate Government to make rules for carrying out the provisions of the proposed legislation. Clause 103 seeks to provide for rules made by Central Government to be laid before the Parliament. Clause 104 seeks to provide for rules made by the State Government to be laid before the Legislature. Clause 105 seeks to provide for previous publication of rules made by Central Government as well as by the State Governments. Clause 106 seeks to empower the Central Government to issue orders for removal of difficulties arising in giving effect to the provisions of the proposed legislation. Such orders could be issued only within two years from the commencement of the proposed legislation. Every such order is required to be laid before Parliament. Clause 107 seeks to make provisions for savings and repeal of the existing Land Acquisition Act, 1894. The First Schedule provides for minimum compensation package to be given to those whose land is acquired on this date of the commencement of the proposed legislation. The Second Schedule provides for the element of rehabilitation and resettlement entitlement for all the affected families in addition to those provided in the First Schedule. The Third Schedule provide for provision of infrastructure amenities. The Fourth Schedule provides the list of enactments regulating land acquisition and rehabilitation and resettlement.
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FINANCIAL MEMORANDUM
Sub-clause (1) of clause 4 of the Bill provides for carrying out of Social Impact Assessment study by the appropriate Government in consultation with the Gram Sabha at habitation level or equivalent body in urban areas, in such manner as may be prescribed. Sub-clause (1) of clause 7 provides that the appropriate Government shall ensure that Social Impact Assessment report is evaluated by an independent multi-disciplinary expert group, as may be constituted by it. 2. Sub-clause (1) of clause 43 of the Bill provides that the Central Government shall constitute a National Monitoring Committee for reviewing and monitoring of implementation of the rehabilitation and resettlement schemes or plans under the proposed legislation. Subclause (4) of that clause provides that the Central Government shall provide officers and other employees to the Committee for its efficient functioning. 3. Sub-clause (1) of clause 45 of the Bill provides that the appropriate Government shall establish one or more Land Acquisition, Rehabilitation and Resettlement Authority for the purpose of providing speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement. Sub-clause (1) of clause 46 provides that the Authority shall consist of one person as the Presiding Officer. Clause 50 of the Bill provides that the salary and allowances payable to and other terms and conditions of service of the Presiding Officers of the Authority shall be such as may be prescribed. Sub-clause (1) of clause 49 provides that the appropriate Government shall provide the Authority with a Registrar and such other officers and other employees as that Government may think fit. Sub-clause (3) of said clause provides that the salary and allowances and other conditions of service of the Registrar and other officers and employees of the authority shall be such as may be prescribed. 4. The manpower requirements and the total financial implication in terms of recurring and non-recurring expenditure involved would be as per the set up of the proposed National Monitoring Committee and the Land Acquisition, Rehabilitation and Resettlement Authority. It is difficult to estimate the exact expenditure from the Consolidated Fund of India both recurring and non-recurring at this stage.
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MEMORANDUM REGARDING DELEGATED LEGISLATION
Sub-clause (1) of clause 98 of the Bill provides that, subject to sub-clause (3), the provisions of the proposed legislation shall not apply to certain enactments relating to land acquisition specified in the Fourth Schedule to the Bill. The list of such enactments would be subject to omission or addition to any entry therein. The provision of the Bill could be applied to the determination of common session or the providing of rehabilitation or resettlement to the benefits of affected families with exceptions or modifications, as may be determined by the Central Government. Every such modification or exception would be made by the Central Government by notification which would be subject to approval of the Parliament under sub-clause (4) of that clause. 2. Clause 99 of the Bill empowers the Central Government to amend or alter any of the Schedules to the proposed legislation by way of notification in the Official Gazette.Every such notification is required to be laid before each House of Parliament in draft form and required to be approved by Parliament. 3. Sub-clause (1) of clause 102 empowers the appropriate Government to make, by notification in the Official Gazette, rules for carrying out the provisions of the proposed legislation. Sub-clause (2) specifies the matter in respect of which such rules may be made. These matter, inter alia, include: (a) prior information process under the first proviso to item (vii) of sub-clause (za) of clause 3; (b) the manner and the time limit for carrying out social impact assessment study under sub-clause (1) of clause 4; (c) the manner of preparing and publishing social impact assessment study reports under sub-clause (1) of clause 5; (d) the manner of obtaining consent of affected families under second proviso to sub-clause (4) of clause 8; (e) the manner and time for conducting survey and undertaking census under subclause (1) of clause 17; (f) the manner of preparing draft Rehabilitation and Resettlement scheme under sub-clause (2) of clause 17; (g) the manner of conducting public hearing under sub-clause (5) of clause 17; (h) the manner of depositing amount by the Requiring Body under second proviso to sub-clause (2) of clause 19; (i) the manner in which and the period within which any excess amount paid may be recovered under sub-clause (3) of clause 32; (j) the powers, duties and responsibilities of Administrator under sub-clause (2) of clause 39; (k) the procedure of Rehabilitation and Resettlement Committee under sub-clause (3) of clause 41; (l) the procedure to be followed and allowances to be paid to the experts under sub-clause (3) of clause 43; (m) the salaries and allowances and other conditions of service of the Registrar and other officers and employees of an Authority under Sub clause (3) of clause 49; (n) the salary and allowances payable to and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Presiding Officer of an Authority under clause 50; (o) form of Development Plan for the displaced Scheduled Castes and Scheduled Tribes under paragraph 11 of the Second Schedule; (p) any other matter under item (g) of sub-clause (1) of clause 54; and (q) any other matter which is required to be or may be specified under the proposed legislation. 4. Clause 103 provides that every rule made by the Central Government is required to be laid before each House of Parliament. 5. Clause 104 provides that every rule made by the State Government is required to be laid before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House. 6. Clause 105 lays down that the power to make rules by the Central and State Government under the proposed legislation would be subject to the previous legislation. 7. The matter in respect of which rules may be made are matters of procedure or administrative detail and it is not practicable to provide for them in the Bill itself. The delegation of legislative power is, therefore, of a normal character. 55
LOK SABHA
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A
BILL to ensure a humane, participatory, informed consultative 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 thereof, 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.
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(Shri Jairam Ramesh, Minister of Rural and Development)
GMGIPMRND—1821LS (S-3)—05.09.2011. 