English — official source version
a2013-30.pdf.txt
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THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Application of Act.
3. Definitions.
CHAPTER II
DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE
A.—PRELIMINARY INVESTIGATION FOR DETERMINATION OF SOCIAL IMPACT AND PUBLIC
PURPOSE
4. Preparation of Social Impact Assessment study.
5. Public hearing for Social Impact Assessment.
6. 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.
8. Examination of proposals for land acquisition and Social Impact Assessment report by
appropriate Government.
9. Exemption from Social Impact Assessment.
CHAPTER III
SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY
10. Special provision to safeguard food security.
CHAPTER IV
NOTIFICATION AND ACQUISITION
11. Publication of preliminary notification and power of officers thereupon.
12. Preliminary survey of land and power of officers to carry out survey.
13. Payment for damage.
14. Lapse of Social Impact Assessment report.
15. Hearing of objections.
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SECTIONS
16. Preparation of Rehabilitation and Resettlement Scheme by the Administrator.
17. Review of the Rehabilitation and Resettlement Scheme.
18. Approved Rehabilitation and Resettlement Scheme to be made public.
19. Publication of declaration and summary of Rehabilitation and Resettlement.
20. Land to be marked out, measured and planned including marking of specific areas.
21. Notice to persons interested.
22. Power to require and enforce the making of statements as to names and interests.
23. Enquiry and land acquisition award by Collector.
24. Land acquisition process under Act No. 1 of 1984 shall be deemed to have lapsed in certain
cases.
25. Period within which an award shall be made.
26. Determination of market value of land by Collector.
27. Determination of amount of compensation.
28. Parameters to be considered by Collector in determination of award.
29. Determination of value of things attached to land or building.
30. Award of solatium.
CHAPTER V
REHABILITATION AND RESETTLEMENT AWARD
31. Rehabilitation and Resettlement Award for affected families by Collector.
32. Provision of infrastructural amenities in resettlement area.
33. Corrections to awards by Collector.
34. Adjournment of enquiry.
35. Power to summon and enforce attendance of witnesses and production of documents.
36. Power to call for records, etc.
37. Awards of Collector when to be final.
38. Power to take possession of land to be acquired.
39. Additional compensation in case of multiple displacements.
40. Special powers in case of urgency to acquire land in certain cases.
41. Special provisions for Scheduled Castes and Scheduled Tribes.
42. Reservation and other benefits.
CHAPTER VI
PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT
43. Appointment of Administrator.
44. Commissioner for rehabilitation and resettlement.
45. Rehabilitation and resettlement committee at project level.
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SECTIONS
46. Provisions relating to rehabilitation and resettlement to apply in case of certain persons other
than specified persons.
47. Quantification and deposit of rehabilitation and resettlement amount.
CHAPTER VII
NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT
48. Establishment of National Monitoring Committee for rehabilitation and resettlement.
49. Reporting requirements.
50. Establishment of State Monitoring Committee for rehabilitation and resettlement.
CHAPTER VIII
ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY
51. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.
52. Composition of Authority.
53. Qualifications for appointment as Presiding Officer.
54. Terms of office of Presiding Officer.
55. Staff of Authority.
56. Salary and allowances and other terms and conditions of service of Presiding Officers.
57. Filling up of vacancies.
58. Resignation and removal.
59. Orders constituting Authority to be final and not to invalidate its proceedings.
60. Powers of Authority and procedure before it.
61. Proceedings before Authority to be judicial proceedings.
62. Members and officers of Authority to be public servants.
63. Jurisdiction of civil courts barred.
64. Reference to Authority.
65. Collector’s statement to Authority.
66. Service of notice by Authority.
67. Restriction on scope of proceedings.
68. Proceedings to be in public.
69. Determination of award by Authority.
70. Form of award.
71. Costs.
72. Collector may be directed to pay interest on excess compensation.
73. Re-determination of amount of compensation on the basis of the award of the Authority.
74. Appeal to High Court.
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CHAPTER IX
APPORTIONMENT OF COMPENSATION
SECTIONS
75. Particulars of apportionment to be specified.
76. Dispute as to apportionment.
CHAPTER X
PAYMENT
77. Payment of compensation or deposit of same in Authority.
78. Investment of money deposited in respect of lands belonging to person incompetent to
alienate.
79. Investment of money deposited in other cases.
80. Payment of interest.
CHAPTER XI
TEMPORARY OCCUPATION OF LAND
81. Temporary occupation of waste or arable land, procedure when difference as to
compensation exists.
82. Power to enter and take possession and compensation on restoration.
83. Difference as to condition of land.
CHAPTER XII
OFFENCES AND PENALTIES
84. Punishment for false information, mala fide action, etc.
85. Penalty for contravention of provisions of Act.
86. Offences by companies.
87. Offences by Government departments.
88. Cognizance of offences by court.
89. Offences to be non-cognizable.
90. Offences to be cognizable only on complaint filed by certain persons.
CHAPTER XIII
MISCELLANEOUS
91. Magistrate to enforce surrender.
92. Service of notice.
93. Completion of acquisition not compulsory, but compensation to be awarded when not
completed.
94. Acquisition of part of house or building.
95. Acquisition of land at cost of a local authority or Requiring Body.
96. Exemption from income-tax, stamp duty and fees.
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SECTIONS
97. Acceptance of certified copy as evidence.
98. Notice in case of suits for anything done in pursuance of Act.
99. No change of purpose to be allowed.
100. No change of ownership without permission to be allowed.
101. Return of unutilised land.
102. Difference in price of land when transferred for higher consideration to be shared.
103. Provisions to be in addition to existing laws.
104. Option of appropriate Government to lease.
105. Provisions of this Act not to apply in certain cases or to apply with certain modifications.
106. Power to amend Schedule.
107. Power of State Legislatures to enact any law more beneficial to affected families.
108. Option to affected families to avail better compensation and rehabilitation and resettlement.
109. Power of appropriate Government to make rules.
110. Rules made by Central Government to be laid before Parliament.
111. Rules made by State Government to be laid before State Legislature.
112. Previous publication of rules made by Central and State Government.
113. Power to remove difficulties.
114. Repeal and saving.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.
THE FOURTH SCHEDULE.
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THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013
ACT No. 30 OF 2013
[26th September, 2013.]
An Act to ensure, in consultation with institutions of local self-government and Gram Sabhas
established under the Constitution, a humane, participative, informed and transparent
process for land acquisition for industrialisation, development of essential infrastructural
facilities and urbanisation with the least disturbance to the owners of the land and other
affected families and provide just and fair compensation to the affected families whose
land has been acquired or proposed to be acquired or are affected by such acquisition and
make adequate provisions for such affected persons for their rehabilitation and
resettlement and for ensuring that the cumulative outcome of compulsory acquisition
should be that affected persons become partners in development leading to an
improvement in their post acquisition social and economic status and for matters
connected therewith or incidental thereto.
BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.–(1) This Act may be called the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
(2)It extends to the whole of India 1***.
(3) It shall come into force on such date2 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 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Bill, 2013 receives the assent of the President.
2. Application of Act.–(1) The provisions of this Act relating to land acquisition, compensation,
rehabilitation and resettlement, shall apply, when the appropriate Government acquires land for its
own use, hold and control, including for Public Sector Undertakings and for public purpose, and shall
include the following purposes, namely:—
(a) for strategic purposes relating to naval, military, air force, and armed forces of the Union,
including central paramilitary forces or any work vital to national security or defence of India or
State police, safety of the people; or
(b) for infrastructure projects, which includes the following, namely:—
(i) all activities or items listed in the notification of the Government of India in the
Department of Economic Affairs (Infrastructure Section) number 13/6/2009-INF, dated the
27th March, 2012, excluding private hospitals, private educational institutions and private
hotels;
(ii) projects involving agro-processing, supply of inputs to agriculture, warehousing, cold
storage facilities, marketing infrastructure for agriculture and allied activities such as dairy,
fisheries, and meat processing, set up or owned by the appropriate Government or by a
1. The word “except the State of Jammu and Kashmir omitted by Act 34 of 2019, s. 95, and the Fifth Schedule (w.e.f. 31-10-
2019).
2. 1st January 2014, vide notification No. 3729(E), dated 19th December, 2013, see Gazette of India, Extraordinary, Part II,
sec. 3(ii).
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farmers’ cooperative or by an institution set up under a statute;
(iii) project for industrial corridors or mining activities, national investment and
manufacturing zones, as designated in the National Manufacturing Policy;
(iv) project for water harvesting and water conservation structures, sanitation;
(v) project for Government administered, Government aided educational and research
schemes or institutions;
(vi) project for sports, health care, tourism, transportation or space programme;
(vii) any infrastructure facility as may be notified in this regard by the Central Government
and after tabling of such notification in Parliament;
(c) project for project affected families;
(d) project for housing for such income groups, as may be specified from time to time by the
appropriate Government;
(e) project for planned development or the improvement of village sites or any site in the urban
areas or provision of land for residential purposes for the weaker sections in rural and urban areas;
(f) project 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 the Government, any local authority or a corporation owned or
controlled by the State.
(2) The provisions of this Act relating to land acquisition, consent, compensation, rehabilitation
and resettlement, shall also apply, when the appropriate Government acquires land for the following
purposes, namely:—
(a) for public private partnership projects, where the ownership of the land continues to vest
with the Government, for public purpose as defined in sub-section (1);
(b) for private companies for public purpose, as defined in sub-section (1):
Provided that in the case of acquisition for—
(i) private companies, the prior consent of at least eighty per cent, of those affected
families, as defined in sub-clauses (i) and (v) of clause (c) of section 3; and
(ii) public private partnership projects, the prior consent of at least seventy per cent. of
those affected families, as defined in sub-clauses (i) and (v) of clause (c) of section 3,
shall be obtained through a process as may be prescribed by the appropriate Government:
Provided further that the process of obtaining the consent shall be carried out along with the Social
Impact Assessment study referred to in section 4:
Provided also that no land shall be transferred by way of acquisition, in the Scheduled Areas in
contravention of any law (including any order or judgment of a court which has become final) relating
to land transfer, prevailing in such Scheduled Areas.
(3) The provisions relating to rehabilitation and resettlement under this Act shall apply in the cases
where,—
(a) a private company purchases land, equal to or more than such limits in rural areas or urban
areas, as may be prescribed by the appropriate Government, through private negotiations with the
owner of the land in accordance with the provisions of section 46;
(b) a private company requests the appropriate Government for acquisition of a part of an area
so prescribed 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 under
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the Second Schedule shall be applicable for the entire area which includes the land purchased by
the private company and acquired by the Government for the project as a whole.
STATE AMENDMENTS
Andhra Pradesh
In section 2, of sub-section (2), after the second proviso, the following proviso shall be added,
namely:-
“Provided also that the acquisition of land for the projects listed in section 10A and the
purposes specified therein shall be exempted from the provisions of the first proviso to this
sub-section”.
[Vide Andhra Pradesh Act 22 of 2018, sec. 2 (w.e.f. 1-1-2014).]
Maharashtra
In section 2 of the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (30 of 2013), in its application to the State of
Maharashtra (hereinafter referred to as “the principal Act”), in sub-section (2), after the second
proviso, the following proviso shall be added, namely:-
“Provided also that, the acquisition of land for the projects listed in section 10A and the
purposes specified therein, shall be exempted from the provisions of the first proviso to this sub-
section.”
[Vide Maharashtra Act 37 of 2018, sec. 2 (w.e.f. 26-4-2018).]
3. Definition.–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 43;
(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;
(ii) a family which does not own any land but a member or members of such family may
be agricultural labourers, tenants including any form of tenancy or holding of usufruct right,
share-croppers or artisans or who 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;
(iii) the Scheduled Tribes and other traditional forest dwellers who have lost any of their
forest rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 (2 of 2007) 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 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 or more
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;
(d) “agricultural land” means land used for the purpose of—
(i) agriculture or horticulture;
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(ii) dairy farming, poultry farming, pisciculture, sericulture, seed farming breeding of
livestock or nursery growing medicinal herbs;
(iii) raising of crops, trees, grass or garden produce; and
(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;
(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, in consultation with the concerned State Governments or Union territories; and
(v) in relation to the acquisition of land for the purpose of the Union as may be specified
by notification, the Central Government:
Provided that in respect of a public purpose in a District for an area not exceeding such as
may be notified by the appropriate Government, the Collector of such District shall be deemed
to be the appropriate Government;
(f) “Authority” means the Land Acquisition and Rehabilitation and Resettlement Authority
established under section 51;
(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 44;
(i) “cost of acquisition” includes—
(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;
(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’;
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(j) “company” means—
(i) a company as defined in section 3 of the Companies Act, 1956 (1 of 1956) other than a
Government company;
(ii) a society registered under the Societies Registration Act, 1860 (21 of 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 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:
Provided that the provisions of Order XXXII of the First Schedule to the Code of Civil
Procedure, 1908 (5 of 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;
(m) “family” includes a person, his or her spouse, minor children, minor brothers and minor
sisters dependent on him:
Provided that widows, divorcees and women deserted by families shall be considered separate
families.
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;
(o) “infrastructure project” shall include any one or more of the items specified in clause (b) of
sub-section (1) of section 2;
(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,—
(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 sub-clause (i), as may be specified by
the appropriate Government;
(r) “land owner” includes any person,—
(i) whose name is recorded as the owner of the land or building or part thereof, in the
records of the authority concerned; or
(ii) any person who is granted forest rights under the Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) or under any
other law for the time being in force; or
(iii) who is entitled to be granted Patta rights on the land under any law of the State
including assigned lands; or
(iv) any person who has been declared as such by an order of the court or Authority;
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(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;
(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;
(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) the Scheduled Tribes and other traditional forest dwellers, who have lost any forest
rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 (2 of 2007);
(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
(v) any person whose primary source of livelihood is likely to be adversely affected;
(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” means the activities specified under sub-section (1) of section 2;
(zb) “Requiring Body” means a company, a body corporate, an institution, or any other
organisation or person for whom land is to be acquired by the appropriate Government, and
includes the appropriate Government, if the acquisition of land is for such Government either for
its own use or for subsequent transfer of such land is for public purpose 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;
(zd) “Scheduled Areas” means the Scheduled Areas as defined in section 2 of the Provisions of
the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996);
(ze) “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.
STATE AMENDMENT
Jammu And Kashmir and Ladakh (UTS).—
Section 3.-
In clause (e):—
(i) in sub-clause (ii), after “except Puducherry”, insert “and Jammu and Kashmir”;
(ii) in sub-clause (iii), after “Union territory of Puducherry” occurring at both the places, insert
“and Union territory of Jammu and Kashmir”.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide
notification No. S.O. 1123(E), dated (18-3-2020).]
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CHAPTER II
DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE
A.—PRELIMINARY INVESTIGATION FOR DETERMINATION OF SOCIAL IMPACT AND
PUBLICPURPOSE
4. Preparation of Social Impact Assessment study.–(1) Whenever the appropriate Government
intends to acquire land for a public purpose, it shall consult the concerned Panchayat, Municipality or
Municipal Corporation, as the case may be, at village level or ward level, in the affected area and carry
out a Social Impact Assessment study in consultation with them, in such manner and from such date as
may be specified by such Government by notification.
(2) The notification issued by the appropriate Government for commencement of consultation and
of the Social Impact Assessment study under sub-section (1) shall be made available in the local
language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and in the
offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published
in the affected areas, in such manner as may be prescribed, and uploaded on the website of the
appropriate Government:
Provided that the appropriate Government shall ensure that adequate representation has been given
to the representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation, as the case
may be, at the stage of carrying out the Social Impact Assessment study:
Provided further that the appropriate Government shall ensure the completion of the Social Impact
Assessment study within a period of six months from the date of its commencement.
(3) The Social Impact Assessment study report referred to in sub-section (1) shall be made
available to the public in the manner prescribed under section 6.
(4) The Social Impact Assessment study referred to in sub-section (1) shall, amongst other matters,
include all the following, namely:—
(a) assessment as to whether the proposed acquisition serves public purpose;
(b) estimation of affected families and the number of families among them likely to be
displaced;
(c) extent of lands, public and private, houses, settlements and other common properties likely
to be affected by the proposed acquisition;
(d) whether the extent of land proposed for acquisition is the absolute bare- minimum extent
needed for the project;
(e) whether land acquisition at an alternate place has been considered and found not feasible;
(f) study of social impacts of the project, and the nature and cost of addressing them and the
impact of these costs on the overall costs of the project vis-a-vis the benefits of the project:
Provided that Environmental Impact Assessment study, if any, shall be carried out simultaneously
and shall not be contingent upon the completion of the Social Impact Assessment study.
(5) While undertaking a Social Impact Assessment study under sub-section (1), the appropriate
Government shall, amongst other things, take into consideration the impact that the project is likely to
have on various components such as livelihood of affected families, 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 and burial and cremation grounds.
(6) The appropriate Government shall require the authority conducting the Social Impact
Assessment study to prepare a Social Impact Management Plan, listing the ameliorative measures
13
required to be undertaken for addressing the impact for a specific component referred to in sub-section
(5), 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, in
operation in the affected area.
5. Public hearing for Social Impact Assessment.–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
Assessment Report.
6. Publication of Social Impact Assessment study.–(1)The appropriate Government shall ensure
that the Social Impact Assessment study report and the Social Impact Management Plan referred to in
sub-section (6) of section 4 are prepared and made available in the local language to the Panchayat,
Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector,
the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such
manner as may be prescribed, and uploaded on the website of the appropriate Government.
(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:
Provided that, in respect of irrigation projects where the process of Environment Impact
Assessment is required under the provisions of any other law for the time being in force, the provisions
of this Act relating to Social Impact Assessment shall not apply.
B.—APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT GROUP
7. Appraisal of Social Impact Assessment report by an Expert Group.–(1) The appropriate
Government shall ensure that the Social Impact Assessment 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 representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation, as
the case may be;
(c) two experts on rehabilitation; and
(d) a technical expert in the subject relating to the project.
(3) The appropriate 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 any public purpose; or
(b) the social costs and adverse social impacts of the project outweigh the potential benefits,
it shall make a recommendation within two months from the date of its constitution to 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:
Provided that the grounds for such recommendation shall be recorded in writing by the Expert
Group giving the details and reasons for such decision:
Provided further that where the appropriate Government, inspite of such recommendations,
proceeds with the acquisition, then, it shall ensure that its reasons for doing so are recorded in writing.
(5) If the Expert Group constituted under sub-section (1), is of the opinion that,—
(a) the project will serve any public purpose; and
14
(b) the potential benefits outweigh the social costs and adverse social impacts,
it shall make specific recommendations within two months from the date of its constitution 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 the Expert
Group giving the details and reasons for such decision.
(6) The recommendations of the Expert Group referred to in sub-sections (4) and (5) shall be made
available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case
may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and
shall be published in the affected areas, in such manner as may be prescribed and uploaded on the
website of the appropriate Government.
8. Examination of proposals for land acquisition and Social Impact Assessment report by
appropriate Government.–(1) The appropriate Government 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;
(b) the potential benefits and the public purpose referred to in clause (a) shall outweigh the
social costs and adverse 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;
(d) there is no unutilised land which has been previously acquired in the area;
(e) the land, if any, acquired earlier and remained unutilised, is used for such public purpose
and make recommendations in respect thereof.
(2) The appropriate Government shall examine the report of the Collector, if any, and the report of
the Expert Group on the Social Impact Assessment study 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 adverse impact on the individuals affected.
(3) The decision of the appropriate Government shall be made available in the local language to
the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the
District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected
areas, in such manner as may be prescribed, and uploaded on the website of the appropriate
Government:
Provided that where land is sought to be acquired for the purposes as specified in sub-section (2)
of section 2, the appropriate Government shall also ascertain as to whether the prior consent of the
affected families as required under the proviso to sub-section (2) of section 2, has been obtained in the
manner as may be prescribed.
9. Exemption from Social Impact Assessment.–Where land is proposed to be acquired invoking
the urgency provisions under section 40, the appropriate Government may exempt undertaking of the
Social Impact Assessment study.
CHAPTER III
SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY
10. Special provision to safeguard food security.–(1) Save as otherwise provided in sub-section
(2), no irrigated multi-cropped land shall be acquired under this Act.
(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 or State, in no case exceed such limits as may
be notified by the appropriate Government considering the relevant State specific factors and
circumstances.
(3) Whenever multi-crop irrigated land is acquired under sub-section (2), an equivalent area of
15
culturable wasteland shall be developed for agricultural purposes or an amount equivalent to the value
of the land acquired shall be deposited with the appropriate Government for investment in agriculture
for enhancing food-security.
(4) In a case not falling under sub-section (1), the acquisition of the agricultural land in aggregate
for all projects in a district or State, shall in no case exceed such limits of the total net sown area of
that district or State, as may be notified by the appropriate Government:
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.
STATE AMENDMENTS
Andhra Pradesh
After Chapter III, the following Chapter shall be inserted, namely: -
“CHAPTER III A
PROVISIONS OF CHAPTER II AND CHAPTER HI NOT TO APPLY TO CERTAIN
PROJECTS
10A. Power of State Government to exempt certain projects:–The State Government may, in the
public interest, by notification in the Andhra Pradesh Gazette, exempt any of the following projects
from the application of the provisions of Chapter II and Chapter III of this Act, namely:-
(a) such projects vital to national security or defence of India and every part thereof, including
preparation for defence or defence production.
(b) rural infrastructure including electrification;
(c) affordable housing and housing for the poor people;
(d) industrial corridors set up by the State Government and its undertakings (in which case the
land shall be acquired up to one kilometer on both sides of designated railway lines or roads for
such industrial corridor); and
(e) infrastructure projects, including projects under public-private partnership where the
ownership of the land continues to vest with the Government:
Provided that the State Government shall, before the issue of notification, ensure the extent of
land for the proposed acquisition keeping in view the minimum land required for such project.”
[Vide Andhra Pradesh Act 22 of 2018, sec. 3 (w.e.f. 1-1-2014).]
Maharashtra
After section 10 of the principal Act, the following section shall be inserted, namely:-
“10A. Power of State Government to exempt certain projects
The State Government may, in the public interest, by notification in the Official Gazette,
exempt any of the following projects from the application of the provisions of Chapter II and
Chapter III of this Act, namely:-
(a) such projects vital to national security or defence of India and every part thereof, including
preparation for defence or defence production;
(b) rural infrastructure including irrigation and electrification;
(c) affordable housing and housing for the poor people;
(d) industrial area or industrial estate set up by the State Government and its undertaking ;
(e) industrial corridor set up by the State Government and its undertaking (in which case the
land shall be acquired up to one kilometre on both sides of designated railway line or roads for
such industrial corridor); and
16
(f) infrastructure projects including projects under public-private partnership where the
ownership of land continues to vest with the Government:
Provided that, the State Government shall, before issue of notification, ensure the extent of
land for the proposed acquisition keeping in view the bare minimum land required for such
project.]
[Vide Maharashtra Act 37 of 2018, sec. 3 (w.e.f. 26-4-2018).]
CHAPTER IV
NOTIFICATION AND ACQUISITION
11. Publication of preliminary notification and power of officers.–(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 the
regional language;
(c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case
may be and in the offices of the District Collector, the Sub-divisional Magistrate and the Tehsil;
(d) uploaded on the website of the appropriate Government;
(e) in the affected areas, in such manner as may be prescribed.
(2) Immediately after issuance of the notification under sub-section (1), the concerned Gram Sabha
or Sabhas at the village level, municipalities in case of municipal areas and the Autonomous Councils
in case of the areas referred to in the Sixth Schedule to the Constitution, shall be informed of the
contents of the notification issued under the said sub-section in all cases of land acquisition at a
meeting called especially for this purpose.
(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 appointed for the purposes of
rehabilitation and resettlement under section 43.
(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:
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.
(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 within a period of two months.
12. Preliminary survey of land and power of officers to carry out survey.–For the purposes of
enabling the appropriate Government to determine the extent of land to be acquired, it shall be lawful
for any officer, either generally or specially authorised 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;
17
(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:
Provided that no act under clauses (a) to (e) in respect of land shall be conducted in the absence of
the owner of the land or in the absence of any person authorised in writing by the owner:
Provided further that the acts specified under the first proviso may be undertaken in the absence of
the owner, if the owner has been afforded a reasonable opportunity to be present during the survey, by
giving a notice of at least sixty days prior to such survey:
Provided also 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 to do so.
13. Payment for damage.–The officer so authorised under section 12 shall at the time of entry
under section 12 pay or tender payment for any damage caused, and, in case of dispute as to the
sufficiency 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.
14. Lapse of Social Impact Assessment report.–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 Group 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:
Provided that the appropriate Government, shall have the power to extend the period of twelve
months, if in its opinion circumstances exist justifying the same:
Provided further that any such decision to extend the period shall be recorded in writing and the
same shall be notified and be uploaded on the website of the authority concerned.
15. Hearing of objections.–(1) Any person interested in any land which has been notified under
sub-section (1) of section 11, as being required or likely to be required for a public purpose, may
within sixty days from the date of the publication of the preliminary notification, object to—
(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 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 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.
(3) The decision of the appropriate Government on the objections made under sub-section (2) shall
be final.
16. Preparation of Rehabilitation and Resettlement Scheme by the Administrator.–(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—
18
(a) particulars of lands and immovable properties being acquired of each affected family;
(b) livelihoods lost in respect of land losers and landless whose livelihoods are primarily
dependent on the lands being acquired;
(c) a list of public utilities and Government buildings which are affected or likely to be
affected, where resettlement of affected families is involved;
(d) details of the amenities and infrastructural facilities which are affected or likely to be
affected, where resettlement of affected families is involved; and
(e) details of any common property resources being acquired.
(2) The Administrator shall, based on the survey and census under sub-section (1), 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.
(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:
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 where more
than twenty-five per cent. of land belonging to that Gram Sabha or Municipality is being acquired:
Provided further that the consultation with the Gram Sabha in Scheduled Areas shall be in
accordance with the provisions of the Provisions of the Panchayats (Extension to the Scheduled Areas)
Act, 1996 (40 of 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.
17. Review of the Rehabilitation and Resettlement Scheme.–(1) The Collector shall review the
draft Scheme submitted under sub-section (6) of section 16 by the Administrator with the
Rehabilitation and Resettlement Committee at the project level constituted under section 45.
(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.
18. Approved Rehabilitation and Resettlement Scheme to be made public.–The Commissioner
shall cause the approved Rehabilitation and Resettlement Scheme to be made available in the local
language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices
of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the
affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate
Government.
19. Publication of declaration and summary of Rehabilitation and Resettlement.–(1) When
the appropriate Government is satisfied, after considering the report, if any, made under sub-section
(2) of section 15, 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 affected families, under the hand and seal of a Secretary to such
19
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 preliminary
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 Scheme along
with 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 Government toward
the cost of acquisition of the land:
Provided also that the Requiring Body shall deposit the amount promptly so as to enable the
appropriate Government to publish the declaration within a period of twelve months from the date of
the publication of preliminary notification under section 11.
(3) In projects where land is acquired in stages, the application for acquisition itself can specify
different stages for the rehabilitation and resettlement, and all declarations shall be made according to
the stages so specified.
(4) Every declaration referred to in sub-section (1) shall be published in the following manner,
namely:—
(a) in the Official Gazette;
(b) in two daily newspapers being circulated in the locality, of such area of which one shall be
in the regional language;
(c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case
may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil;
(d) uploaded on the website of the appropriate Government;
(e) in the affected areas, in such manner as may be prescribed.
(5) Every declaration referred to in sub-section (1) shall indicate,—
(a) the district or other territorial division in which the land is situated;
(b) the purpose for which it is needed, its approximate area; and
(c) where a plan shall have been made for the land, the place at which such plan may be
inspected without any cost.
(6) The declaration referred to in sub-section (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.
(7) Where no declaration is made under sub-section (1) within twelve months from the date of
preliminary notification, then such notification shall be deemed to have been rescinded:
Provided that in computing the period referred 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:
Provided further that the appropriate Government shall have the power to extend the period of
twelve months, if in its opinion circumstances exist justifying the same:
Provided also that any such decision to extend the period shall be recorded in writing and the same
shall be notified and be uploaded on the website of the authority concerned.
20
20. Land to be marked out, measured and planned including marking of specific areas.–The
Collector shall thereupon cause the land, unless it has been already marked out under section 12, to be
marked out and measured, and if no plan has been made thereof, a plan to be made of the same.
21. Notice to persons interested.–(1) The Collector shall publish the public notice on his website
and cause public notice to be given at convenient places on or near the land to be taken, stating that the
Government intends to take possession of the land, and that claims to compensations and 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 less than thirty days and not
more than six months 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) 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 situated.
(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 of place or business and also publish the same in at least two national daily
newspapers and also on his website.
22. Power to require and enforce the making of statements as to names and interests.–(1) The
Collector may also require any such person to make or deliver to him, at a 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 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).
23. Enquiry and land acquisition award by Collector.–On the day so fixed, or on any other day
to which the enquiry has been adjourned, 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—
(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 31 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 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.
21
STATE AMENDMENTS
Andhra Pradesh
In the Principal Act, after section 23, the following section shall be inserted, namely:-
“23A. Award of Col lector without enquiry in case of agreement of interested persons.—(1)
Notwithstanding anything contained in section 23, if at any stage of the proceedings, the Collector is
satisfied that all the persons interested in the land who appeared before him have agreed in writing on
the matters to be included in the award of the Collector in the form prescribed, he may, without
making further enquiry, make an award according to the terms of such agreement.
(2) The determination of compensation for any land under sub-section (1) shall not in any way
affect the determination of compensation in respect of other lands in the same locality or elsewhere in
accordance with the other provisions of this Act.
(3) Notwithstanding anything contained in the Registration Act, 1908 (Act 16 of 1908), no
agreement made under sub-section (1) shall be liable to registration under that Act.”
[Vide Andhra Pradesh Act 22 of 2018, sec. 4 (w.e.f. 1-1-2014).]
Maharashtra
After section 23 of the principal Act, the following section shall be inserted, namely:-
“23A. Award of Collector without enquiry in case of agreement of interested persons.–(1)
Notwithstanding anything contained in section 23, if at any stage of the proceedings, the Collector is
satisfied that all the persons interested in the land who appeared before him have agreed in writing on
the matters to be included in the award of the Collector in the form prescribed by rules made by the
State Government, he may, without making further enquiry, make an award according to the terms of
such agreement.
(2) The determination of compensation for any land under sub-section (1) shall not in any way
affect the determination of compensation in respect of other lands in the same locality or elsewhere in
accordance with the other provisions of this Act.
(3) Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908), no agreement
made under sub-section (1) shall be liable to registration under that Act.”
[Vide Maharashtra Act 37 of 2018, sec. 4 (w.e.f. 26-4-2014).]
24. Land acquisition process under Act No. 1 of 1894 shall be deemed to have lapsed in
certain cases.–(1) Notwithstanding anything contained in this Act, in any case of land acquisition
proceedings initiated under the Land Acquisition Act, 1894,—
(a) where no award under section 11 of the said Land Acquisition Act has been made, then, all
provisions of this Act relating to the determination of compensation shall apply; or
(b) where an award under said section 11 has been made, then such proceedings shall continue
under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.
(2) Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings
initiated under the Land Acquisition Act, 1894 (1 of 1894),where an award under the said section 11
has been made five years or more prior to the commencement of this Act but the physical possession
of the land has not been taken or the compensation has not been paid the said proceedings shall be
deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings
of such land acquisition afresh in accordance with the provisions of this Act:
22
Provided that where an award has been made and compensation in respect of a majority of land
holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in
the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to
compensation in accordance with the provisions of this Act.
STATE AMENDMENTS
Andhra Pradesh
In the Principal Act, in section 24, in sub-section (2), –
“(1) in the existing proviso, for the expression “where an award has been made” the expression
“where the said award has been made 5 years or more prior to the commencement of this Act” shall be
substituted;
(2) after the existing proviso, the following proviso shall be added, namely:-
Provided further that in computing the period referred to in this sub-section, any period or periods
during which the proceedings for acquisition of the land were held up on account of any order, stay,
suspension or injunction issued by any Court or the period specified in the award of a Tribunal for
taking possession or such period where possession has been taken but the compensation is lying
deposited in a Court or in any designated account maintained for this purpose, shall be excluded.”
[Vide Andhra Pradesh Act 22 of 2018, sec. 5 (w.e.f. 1-1-2014).]
Maharashtra
In section 24 of the principal Act, in sub-section (2), after the proviso, the following proviso shall
be added, namely:-
“Provided further that, in computing the period referred to in this sub-section, any period or
periods during which the proceedings for acquisition of the land were held up on account of any stay
or injunction issued by any court or the period specified in the award of a Tribunal for taking
possession or such period where possession has been taken but the compensation is lying deposited in
a court or in any designated account maintained for this purpose on account of refusal or not coming
forward for receiving compensation despite receipt of such notice under sub-section (2) of section 12
of the Land Acquisition Act, 1894 (I of 1894), shall be excluded. Also if the said land is mutated
within three years after passing the award in the name of acquiring body, it shall be deemed that the
possession of the land has been taken.”
[Vide Maharashtra Act 37 of 2018, sec. 5 (26-4-2018).]
Haryana
In section 24 of the principal Act,-
(i) after sub-section (1), the following Explanation shall be inserted, namely:-
Explanation.-For the purpose of this sub-section, a land acquisition proceeding shall be
deemed to have been initiated under the Land Acquisition Act, 1894 (Central Act 1 of 1894)
where notification under section 4 of the said Act has been published in any form under
sub-section (1) of the said section.
(ii) in sub-section (2),-
(a) the word “physical” shall be omitted;
23
(b) for the word “or” occurring after the words “possession of the land has not been taken”, the
word “and” shall be substituted;
(c) in the proviso, for the sign “.”existing at the end, the sign “:” shall be substituted; and
(d) after the existing proviso, the following proviso shall be added at the end, namely:-
Provided further that in computing the period referred to in this sub-section, any period during
which the proceedings for acquisition of the land were held up on account of any stay or injunction
issued by order of any court, shall be excluded:
Provided further that the entry in rapat roznamcha regarding taking or handing over possession
recorded by the Land Acquisition Officer or Revenue Official shall be treated as possession taken
for all intents and purposes.
[Vide Haryana Act 21 of 2018, sec. 2 (9-5-2018).]
25. Period within which an award shall be made.–The Collector shall make an award within a
period of twelve months 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:
Provided that the appropriate Government shall have the power to extend the period of twelve
months if in its opinion, circumstances exist justifying the same:
Provided further that any such decision to extend the period shall be recorded in writing and the
same shall be notified and be uploaded on the website of the authority concerned.
26. Determination of market value of land by Collector.–(1) The Collector shall adopt the
following criteria in assessing and determining the market value of the land, namely:—
(a) the market value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for the
registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is
situated; or
(b) the average sale price for similar type of land situated in the nearest village or nearest
vicinity area; or
(c) consented amount of compensation as agreed upon under sub-section (2) of section 2 in
case of acquisition of lands for private companies or for public private partnership projects,
whichever is higher:
Provided that the date for determination of market value shall be the date on which the
notification has been issued under section 11.
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.
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.
Explanation 3.—While determining the market value under this section and the average sale
price referred to in Explanation 1 or Explanation 2, any price paid as compensation for land acquired
under the provisions of this Act on an earlier occasion in the district shall not be taken into
consideration.
24
Explanation 4.—While determining the market value under this section and the average sale
price referred to in Explanation 1 or Explanation 2, any price paid, which in the opinion of the
Collector is not indicative of actual prevailing market value may be discounted for the purposes of
calculating market value.
(2) The market value calculated as per sub-section (1) shall be multiplied by a factor to be
specified in the First Schedule.
(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
(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 market value has not been specified under the Indian Stamp Act, 1899 (2 of 1899)
by the appropriate authority,
the State Government concerned shall specify the floor price or minimum price per unit area 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):
Provided also that the Collector shall, before initiation of any land acquisition proceedings in any
area, take all necessary steps to revise and update the market value of the land on the basis of the
prevalent market rate in that area:
Provided also that the appropriate Government shall ensure that the market value determined for
acquisition of any land or property of an educational institution established and administered by a
religious or linguistic minority shall be such as would not restrict or abrogate the right to establish and
administer educational institutions of their choice.
27. Determination of amount of compensation.–The Collector having determined the market
value of the land to be acquired shall calculate the total amount of compensation to be paid to the land
owner (whose land has been acquired) by including all assets attached to the land.
28. Parameters to be considered by Collector in determination of award.–In determining the
amount of compensation to be awarded for land acquired under this Act, the Collector 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;
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;
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 (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
seventhly, any other ground which may be in the interest of equity, justice and beneficial to the
affected families.
29. Determination of value of things attached to land or building.–(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 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 during the
process of land acquisition, may use the services of experienced persons in the field of agriculture as
may be considered necessary by him.
30. Award of solatium.–(1) The Collector having determined the total compensation to be paid,
shall, to arrive at the final award, impose a “Solatium” amount equivalent to one hundred per cent. of
the compensation amount.
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.
(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.
(3) In addition to the market value of the land provided under section 26, the Collector 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 notification of the Social
Impact Assessment study under sub-section (2)of section 4, in respect of such land, till the date of the
award of the Collector or the date of taking possession of the land, whichever is earlier.
STATE AMENDMENTS
Andhra Pradesh
In the Principal Act, after Chapter-IV, the following new Chapter IV A shall be inserted, namely:-
26
CHAPTER IV A
Voluntary acquisition of land
30A. Acquisition of land by the State Government by entering into agreement.:--(1)
Notwithstanding anything contained in the Principal Act, or any other law, whenever it appears to the
State Government that the land is needed in any area for any public purpose, the State Government or
its Authorized Officer will enter into an agreement with the willing land owner to sell the land in
favour of the State for the matters specified therein in a prescribed form.
(2) The State Government or its Authorized Officer shall pass an order in terms of agreement under
sub-section (1) for acquisition, and the substance of the order shall be notified in the Gazette. On such
publication of notification, the title, ownership and all interests of the land owner who enters into
agreements, shall vest with the State, free from all encumbrances.
(3) Notwithstanding anything contained in the Registration Act, 1908 (Act l6 of 1908), no
agreement entered under sub-section (1) shall be liable to registration under that Act.
(4) If any family, other than the family of the land owner who entered into an agreement, is
affected by the acquisition of land under this section, the State Government shall pay a lumpsum
amount towards rehabilitation and resettlement, if any, as prescribed in the rules framed hereunder:
Provided that no agreement or the lumpsum amount towards rehabilitation and resettlement as may
be prescribed, shall be abnormally at variance to the disadvantage of the land owners.]
[Vide Andhra Pradesh Act 22 of 2018, sec. 6 (w.e.f. 1-1-2014).]
CHAPTER V
REHABILITATION AND RESETTLEMENT AWARD
31. Rehabilitation and Resettlement Award for affected families by Collector.–(1) The
Collector shall pass Rehabilitation and Resettlement Awards for each affected 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 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 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)d etails 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 the Scheduled Castes and the Scheduled Tribes to be
provided:
27
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”:
Provided further that the appropriate Government may, by notification increase the rate of
rehabilitation and resettlement amount payable to the affected families, taking into account the rise in
the price index.
STATE AMENDMENTS
Andhra Pradesh
In the Principal Act, after section 31, the following section shall be inserted, namely:-
“31A. Payment of Lump sum amount by State Government:–Notwithstanding anything
contained in this Act, whenever the land is to be acquired for any projects as notified in section 10A, it
shall be competent for the state Government to pay such lumpsum about as may be prescribed in the
rules in lieu of Rehabilitation.”
Provided that the payment of such lumpsum amount in lieu of Rehabilitation and Resettlement as
may be prescribed, shall not be abnormally at variance to the disadvantage of the affected families.”
[Vide Andhra Pradesh Act 22 of 2018, sec. 7 (w.e.f. 1-1-2014).]
Maharashtra
After section 31 of the principal Act, the following section shall be inserted, namely:-
“31A. Payment of lump sum amount by State Government for its linear nature projects.–
Notwithstanding anything contained in this Act, it shall be competent for the State Government to pay,
whenever the land is to be acquired for its own use amounting to less than one hundred acres or
whenever the land is to be acquired in case of projects which are linear in nature as referred to the
proviso to sub-section (4) of section 10, as Rehabilitation and Resettlement cost, such lump sum
amount equal to fifty per cent. of the amount of compensation as determined under section 27 to the
affected families.”
[Vide Maharashtra Act 37 of 2018, sec. 6 (26-4-2018).]
32. Provision of infrastructural amenities in resettlement area.–In every resettlement area as
defined under this Act, the Collector shall ensure the provision of all infrastructural facilities and basic
minimum amenities specified in the Third Schedule.
33. Corrections to awards by Collector.–(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 the Authority under section 64, 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 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 refunded and in
the case of any default or refusal to pay, the same may be recovered, as prescribed by the appropriate
Government.
STATE AMENDMENTS
Andhra Pradesh
In the principal Act, after section 33, the following new section 33 A shall be inserted, namely:-
28
“33A. Recovery of the amount wrongfully paid.–Notwithstanding anything contained in any
other law, the authority in a reference under section 64 or the High Court in appeal under section 74, or
any other authority in any legal proceedings find that the money has been wrongfully paid to any
person under this Act, the State Government or its authorized person or Collector shall recover the
same as arrears of land revenue.”
[Vide Andhra Pradesh Act 22 of 2018, sec. 8 (w.e.f. 1-1-2014).]
34. Adjournment of enquiry.–The Collector may, for any cause he thinks fit, from time to time
adjourn the enquiry to a day to be fixed by him.
35. Power to summon and enforce attendance of witnesses and production of documents.–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 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 (5 of 1908).
36. Power to call for records, etc.–The appropriate Government may at any time before the
award is made by the Collector under section 30 call for any record of any proceedings (whether by
way of inquiry 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 heard.
37. Awards of Collector when to be final.–(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 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.
(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.
38. Power to take possession of land to be acquired.–(1) The Collector shall take possession of
land after ensuring that full payment of compensation as well as rehabilitation and resettlement
entitlements are paid or tendered to the entitled persons within a period of three months for the
compensation and a period of six months for the monetary part of rehabilitation and resettlement
entitlements listed in the Second Schedule commencing from the date of the award made under
section 30:
Provided that the components of the Rehabilitation and Resettlement Package in the Second and
Third Schedules that relate to infrastructural entitlements shall be provided within a period of eighteen
months from the date of the award:
Provided further that in case of acquisition of land for irrigation or hydel project, being a public
purpose, the rehabilitation and resettlement shall be completed six months prior to submergence of the
lands acquired.
(2) The Collector shall be responsible for ensuring that the rehabilitation and resettlement process
is completed in all its aspects before displacing the affected families.
39. Additional compensation in case of multiple displacements.–The Collector shall, as far as
possible, not displace any family which has already been displaced by the appropriate Government for
the purpose of acquisition under the provisions of this Act, and if so displaced, shall pay an additional
29
compensation equivalent to that of the compensation determined under this Act for the second or
successive displacements.
40. Special powers in case of urgency to acquire land in certain cases.–(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.
(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 or any other emergency with the approval of Parliament:
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 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 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 Chapter 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 land at any time after the date of
the publication of the preliminary notification under sub-section (1) of section 11.
(5) An additional compensation of seventy-five per cent. of the total compensation as determined
under section 27, shall be paid by the Collector in respect of land and property for acquisition of which
proceedings have been initiated under sub-section (1) of this section:
Provided that no additional compensation will be required to be paid in case the project is one that
affects the sovereignty and integrity of India, the security and strategic interests of the State or
relations with foreign States.
STATE AMENDMENTS
Maharashtra
“In section 40 of the principal Act, in sub-section (2), after the words “approval of Parliament”, the
words “or to comply with the directions given by the Central Government to the State Government”
shall be added.”
[Vide Maharashtra Act 37 of 2018, sec. 7 (w.e.f. 26.4.2018).]
41. Special provisions for Scheduled Castes and Scheduled Tribes.–(1) As far as possible, no
acquisition of land shall be made in the Scheduled Areas.
(2) Where such acquisition does take place it shall be done only as a demonstrable last resort.
(3) In case of acquisition or alienation of any land in the Scheduled Areas, the prior consent of the
concerned Gram Sabha or the Panchayats or the autonomous District Councils, at the appropriate level
in Scheduled Areas under the Fifth Schedule to the Constitution, as the case may be, shall be obtained,
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:
Provided that the consent of the Panchayats or the Autonomous Districts Councils shall be
obtained in cases where the Gram Sabha does not exist or has not been constituted.
(4) 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 the Scheduled Tribes as well as the
30
Scheduled Castes on the alienated land by undertaking a special drive together with land acquisition.
(5) The Development Plan shall also contain a programme for development of alternate fuel,
fodder 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.
(6) 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 initially as first
instalment and the rest shall be paid after taking over of the possession of the land.
(7) The affected families of the Scheduled Tribes shall be resettled preferably in the same
Scheduled Area in a compact block so that they can retain their ethnic, linguistic and cultural identity.
(8) 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.
(9) 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 made
available to the original tribal land owners or land owners belonging to the Scheduled Castes.
(10) The affected Scheduled Tribes, other traditional forest dwellers and the Scheduled Castes
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.
(11) Where the affected families belonging to the Scheduled Castes and the 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.
42. Reservation and other benefits.–(1) 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.
(2) Whenever the affected families belonging to the Scheduled Tribes who are residing in the
Scheduled Areas referred to in the Fifth Schedule or the tribal areas referred to in the Sixth Schedule to
the Constitution are relocated outside those areas, than, all the statutory safeguards, entitlements and
benefits being enjoyed by them under this Act shall be extended to the area to which they are resettled
regardless of whether the resettlment area is a Scheduled Area referred to in the said Fifth Schedule, or
a tribal area referred to in the said Sixth Schedule, or not.
(3) Where the community rights have been settled under the provisions of the Scheduled Tribes and
Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007), the same shall
be quantified in monetary amount and be paid to the individual concerned who has been displaced due
to the acquisition of land in proportion with his share in such community rights.
CHAPTER VI
PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT
43. Appointment of Administrator.–(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 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 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
31
Commissioner for Rehabilitation and Resettlement, the formulation, execution and monitoring of the
Rehabilitation and Resettlement Scheme shall vest in the Administrator.
44. Commissioner for rehabilitation and resettlement.–(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 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 Gram Sabha in rural areas and municipality in urban areas.
45. Rehabilitation and resettlement committee at project level.–(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 carry out post-implementation social audits in consultation with the Gram
Sabha 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:—
(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 Chairperson of the District Planning Committee or his nominee;
(h) the Member of Parliament and Member of the Legislative Assembly of the concerned area
or their nominees;
(i) a representative of the Requiring Body; and
(j) 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 appropriate Government.
46. Provisions relating to rehabilitation and resettlement to apply in case of certain persons
other than specified persons.—(1) Where any person other than a specified person is purchasing land
through private negotiations for an area equal to or more than such limits, as may be notified by the
appropriate Government, considering the relevant State specific factors and circumstances, for which
the payment of Rehabilitation and Resettlement Costs under this Act is required, 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.
32
(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 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:
Provided that the appropriate Government may provide for rehabilitation and resettlement
provisions on sale or purchase of land in its State and shall also fix the limits or ceiling for the said
purpose.
(6) If any land has been purchased through private negotiations by a person on or after the 5th day
of September, 2011, which is more than such limits referred to in sub-section (1) and, if the same land
is acquired within three years from the date of commencement of this Act, then, forty per cent. of the
compensation paid for such land acquired shall be shared with the original land owners.
Explanation.—For the purpose of this section, the expression—
(a) “original land owner” refers to the owner of the land as on the 5th day of September, 2011;
(b) “specified persons” includes any person other than—
(i) appropriate Government;
(ii) Government company;
(iii) association of persons or trust or society as registered under the Societies Registration
Act, 1860 (21 of 1860), wholly or partially aided by the appropriate Government or controlled
by the appropriate Government.
STATE AMENDMENTS
Andhra Pradesh
[In the principal Act, in section 46, in sub-section (6), in the Explanation, in clause (b), the
words “any person other than”, shall be omitted.]
[Vide Andhra Pradesh Act 22 of 2018, sec. 9 (w.e.f. 1-1-2014).]
Maharashtra
“In section 46 of the principal Act, in sub-section (6), in the Explanation, in clause (b),
sub-clauses (i) and (ii) shall be deleted.”
[Vide Maharashtra Act 37 of 2018, sec. 8 (w.e.f. 26.4.2018).]
Haryana
“In clause (b) of Explanation to section 46 of the principal Act, the words “any person other
than” shall be omitted.”
[Vide Haryana Act 21 of 2018, sec. 3 (w.e.f. 9.5.2018).]
47. Quantification and deposit of rehabilitation and resettlement amount.–Where the
Collector is of the view that the obligations of the Requiring Body with regard to rehabilitation and
resettlement can be quantified into monetary amount, he shall allow the payment of such amount into
an account in complete satisfaction of such obligations, which shall be administered by the
Administrator appointed under section 43, under the supervision of the Collector.
CHAPTER VII
NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT
48. Establishment of National Monitoring Committee for rehabilitation and resettlement.–(1)
The Central Government may, whenever necessary, for national or inter-State projects, constitute a
National Monitoring Committee for reviewing and monitoring the implementation of rehabilitation
and resettlement schemes 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.
33
(3) The procedures to be followed by the Committee and the allowances payable to the experts
shall be such as may be prescribed.
(4) The Central Government shall provide officers and other employees to the Committee
necessary for its efficient functioning.
49. Reporting requirements.–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 manner, and also as and when required.
50. Establishment of State Monitoring Committee for rehabilitation and resettlement.–(1)
The State Government shall constitute a State Monitoring Committee for reviewing and monitoring
the implementation of rehabilitation and resettlement schemes or plans under this Act.
(2) The Committee may, besides having representatives of the concerned Ministries and
Departments of the State Government, 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 by the State.
(4) The State Government shall provide such officers and other employees to the Committee as
may be necessary for its efficient functioning.
CHAPTER VIII
ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY
51. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.–(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, Rehabilitation and Resettlement Authority” to
exercise 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 sub-section (1)
the areas within which the Authority may exercise jurisdiction for entertaining and deciding the
references made to it under section 64 or applications made by the applicant under second proviso to
sub-section (1) of section 64.
52. Composition of Authority.–(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 Presiding
Officer of another Authority.
53. Qualifications for appointment as Presiding Officer.–(1) A person shall not be qualified for
appointment as the Presiding Officer of an Authority unless,—
(a) he is or has been a District Judge; or
(b) he is a qualified legal practitioner for not less than seven 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.
54. Terms of office of Presiding Officer.–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, whichever is earlier.
55. Staff of Authority.–(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.
(3) The salaries and allowances and other conditions of service of the Registrar and other officers
34
and employees of an Authority shall be such as may be prescribed.
56. Salary and allowances and other terms and conditions of service of Presiding Officers.–
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, 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.
57. Filling up of vacancies.–If, for any reason other than temporary absence, any vacancy occurs
in the office of the Presiding Officer of an Authority then the appropriate Government shall appoint
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.
58. Resignation and removal.–(1) The Presiding Officer of an Authority may, by notice in
writing under his hand 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 earlier.
(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 proven 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.
(3) The appropriate Government may, by rules, regulate the procedure for the investigation of
misbehaviour or incapacity of the aforesaid Presiding Officer.
59. Orders constituting Authority to be final and not to invalidate its proceedings.–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 defect in the constitution of an Authority.
60. Powers of Authority and procedure before it.–(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 (5 of 1908) in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) discovery and production of any document or other material object producible as evidence;
(c) receiving evidence on affidavits;
(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 64.
(3) The Authority shall not be bound by the procedure laid down in the Code of Civil Procedure,
1908 (5 of 1908) but shall be guided by the principles of natural justice and subject to the other
provisions of this Act and of any rules made thereunder, the Authority shall have the power to regulate
its own procedure.
(4) The Authority shall, after receiving reference under section 64 and after giving notice of such
reference to all the parties concerned and after affording opportunity of hearing to all parties, dispose
35
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 within a
period of fifteen days from the date of such award.
61. Proceedings before Authority to be judicial proceedings.–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 (45 of 1860) and the Authority shall be deemed to be a civil court for the
purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).
62. Members and officers of Authority to be public servants.–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).
63. Jurisdiction of civil courts barred.–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
under this Act, and no injunction shall be granted by any court in respect of any such matter.
64. Reference to Authority.–(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, 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 thirty 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 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 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 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.
65. Collector’s statement to Authority.–(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 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 the amount of
compensation awarded under the provisions of this Act;
(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.
36
(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.
66. Service of notice by Authority.–The Authority shall thereupon cause a notice specifying the
day on which the Authority will proceed to determine the objection, and directing their appearance
before the Authority on that day, to be served on the following persons, namely:—
(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.
67. Restriction on scope of proceedings.–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.
68. Proceedings to be in public.–Every such proceeding 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 (as the case
may be) in such proceeding.
69. Determination of award by Authority.–(1) In determining the amount of compensation to be
awarded for land acquired including the Rehabilitation and Resettlement entitlements, the Authority
shall take into consideration whether the Collector has followed the parameters set out under section
26 to section 30 and the provisions under Chapter V of this Act.
(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 the Collector or the date of taking
possession of the land, whichever is earlier.
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.
70. Form of award.–(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 section
28, 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 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 of clause (2), and clause (9) of respectively, of section 2 of
the Code of Civil Procedure, 1908 (5 of 1908).
71. Costs.–(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.
(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.
72. Collector may be directed to pay interest on excess compensation.–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 possession of the land to the date of payment of such excess into Authority:
37
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 expiry.
73. Re-determination of amount of compensation on the basis of the award of the Authority.–
(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, 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 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 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.
74. Appeal to High Court.–(1) The Requiring Body or any person aggrieved by the Award passed
by an Authority under section 69 may file an appeal to the High Court within sixty days from the date
of Award:
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.
(2) Every appeal referred to under sub-section (1) shall be heard as expeditiously as possible and
endeavour shall be made to dispose of such appeal within six months from the date on which the
appeal is presented to the High Court.
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
APPORTIONMENT OF COMPENSATION
75. Particulars of apportionment to be specified.–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.
76. Dispute as to apportionment.–When the amount of compensation has been settled, if any
dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the
same or any part thereof is payable, the Collector may refer such disputes to the Authority.
CHAPTER X
PAYMENT
77. Payment of compensation or deposit of same in Authority.–(1) On making an award under
section 30, 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 someone or more of the contingencies mentioned in
38
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 64 would be submitted:
Provided that any person admitted to be interested may receive such payment under protest as to
the sufficiency of the amount:
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 64:
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.
78. Investment of money deposited in respect of lands belonging to person incompetent to
alienate.–(1) If any money is deposited in the Authority concerned under sub-section (2) of section 77
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,
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 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 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 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.
79. Investment of money deposited in other cases.–When any money shall have been deposited
in the Authority concerned under this Act for any cause other than the causes mentioned in section 78,
the Authority may, on the 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 deposited
or as near thereto as may be.
80. Payment of interest.–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 a period of
one year from the date on which possession is taken, interest at the rate of fifteen per cent. per annum
39
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
81. Temporary occupation of waste or arable land, procedure when difference as to
compensation exists.–(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, 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 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 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.
82. Power to enter and take possession and compensation on restoration.–(1) On payment of
such compensation, or on executing such agreement, or on making a reference under section 64, 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.
(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:
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.
83. Difference as to condition of land.–In case the Collector and persons interested differ as to
the condition of the land at the expiration of the term, or as to any matter connected with the said
agreement, the Collector shall refer such difference to the decision of the Authority concerned.
CHAPTER XII
OFFENCES AND PENALTIES
84. Punishment for false information, mala fide action, etc.–(1) If a person, in connection with a
requirement or direction under this Act, provides any information that is false or misleading, or
produces any false document, he shall be liable to be punished with imprisonment of either description
for a term which may extend to six months, 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 Government in the manner as may
be prescribed.
(3) Disciplinary proceedings may be drawn up by the disciplinary authority against a Government
servant, who if proved to be guilty of a mala fide action in respect of any provision of this Act, shall be
liable to such punishment including a fine as the disciplinary authority may decide.
85. Penalty for contravention of provisions of Act.–If any person contravenes any of the
provisions relating to payment of compensation or rehabilitation and resettlement, every such person
shall be liable to a punishment of six months which may extend to three years or with fine or with
both.
86. Offences by companies.–(1) Where an offence under this Act has been committed by a
40
company, every person who at the time the offence was committed was in charge of, and was
responsible to, the company for the conduct of the business of the company, shall be deemed to be
guilty of 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.
(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.
87. Offences by Government departments.–(1) Where an offence under this Act has been
committed by any department of the Government, the head of the department, shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished accordingly:
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 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.
STATE AMENDMENTS
Andhra Pradesh
In the principal Act, for section 87, along with the marginal heading the following section shall be
substituted, namely:-
“87. Offences by Government officials. –Where any offence under this Act has been committed
by any person who is or was employed in the Central Government or the State Government, as the
case may be, at the time of commission of such alleged offence, the Court shall take cognizance of
such offence provided the procedure laid down in section 197 of the Code of Criminal Procedure, 1973
(Act 2 of 1974) is followed.”
[Vide Andhra Pradesh Act 22 of 2018, sec. 10 (w.e.f. 1-1-2014).]
Maharashtra
For section 87 of the principal Act, the following section shall be substituted, namely:-
“87. Offences by Government Officials. –Where any offence under this Act has been committed
by any person who is or was employed in the Central Government or the State Government, as the
case may be, at the time of commission of such alleged offence, the court shall take cognizance of such
offence provided the procedure laid down in section 197 of the Code of Criminal Procedure, 1973
(2 of 1974), in its application to the State of Maharashtra, is followed.”
[Vide Maharashtra Act 37 of 2018, sec. 9 (w.e.f. 26-4-2018).]
Haryana
After section 87 of the principal Act, the following section shall be inserted, namely:-
“87A. Offences by Government officials.- Where an offence under this Act has been committed
by any person who is or was employed in the Central Government or State Government, as the case
may be, at the time of commission of such alleged offence, no court shall take cognizance of such
41
offence unless the procedure laid down in section 197 of the Code of Criminal Procedure, 1973
(Central Act 2 of 1974) has been followed.”
[Vide Haryana Act 21 of 2018, sec. 4 (w.e.f. 9-5-2018).]
88. Cognizance of offences by court.–No court inferior to that of a Metropolitan Magistrate or a
Judicial Magistrate of the first class shall be competent to try any offence punishable under this Act.
89. Offences to be non-cognizable.–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.
90. Offences to be cognizable only on complaint filed by certain persons.–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 Collector or any other officer authorised by the
appropriate Government or any member of the affected family.
CHAPTER XIII
MISCELLANEOUS
91. Magistrate to enforce surrender.–If the Collector is opposed or impeded in taking possession
under this Act of any 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.
92. Service of notice.–(1) Save as otherwise provided in section 66, the service of any notice
under this 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 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 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.
93. Completion of acquisition not compulsory, but compensation to be awarded when not
completed.–(1) The appropriate Government shall be at liberty to withdraw from the acquisition 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 prosecution of the proceedings under this Act
relating to the said land.
94. Acquisition of part of house or building.–(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:
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.
(3) If, in the case of any claim under this Act, by a person interested, on account of the severing of
42
the land to be acquired from his other land, the appropriate Government is of 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 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.
95. Acquisition of land at cost of a local authority or Requiring Body.–(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 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:
Provided that no such local authority or Requiring Body shall be entitled to demand a reference to
the Authority concerned under section 64.
96. Exemption from income-tax, stamp duty and fees.–No income tax or stamp duty shall be
levied on any award or agreement made under this Act, except under section 46 and no person
claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.
97. Acceptance of certified copy as evidence.–In any proceeding under this Act, a certified copy
of a document registered under the Registration Act, 1908 (16 of 1908) including a copy given under
section 57 of that Act, may be accepted as evidence of the transaction recorded in such document.
98. Notice in case of suits for anything done in pursuance of Act.–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 amendments.
99. No change of purpose to be allowed.–No change from the purpose or related purposes for
which the land is originally sought to be acquired shall be allowed:
Provided that if the land acquired is rendered unusable for the purpose for which it was acquired
due to a fundamental change because of any unforeseen circumstances, then the appropriate
Government may use such land for any other public purpose.
100. No change of ownership without permission to be allowed.–No change of ownership
without specific permission from the appropriate Government shall be allowed.
101. Return of unutilised land.– When any land acquired under this Act remains unutilised for a
period of five years from the date of taking over the possession, the same shall be returned to the
original owner or owners or their legal heirs, as the case may be, or to the Land Bank of the
appropriate Government by reversion in the manner as may be prescribed by the appropriate
Government.
Explanation.—For the purpose of this section, “Land Bank” means a governmental entity that
focuses on the conversion of Government owned vacant, abandoned, unutilised acquired lands and
tax-delinquent properties into productive use.
STATE AMENDMENTS
Andhra Pradesh
“In the principal Act, in section 101, for the words “a period of five years”, the words “a period
specified for setting up of any project or for five years, whichever is later,” shall be substituted.”
[Vide Andhra Pradesh Act 22 of 2018, sec. 11 (w.e.f. 1-1-2014).]
Haryana
After section 101 of the principal Act, the following section shall be inserted, namely:-
“101A. Power to denotify land.- When any public purpose, for which the land acquired
under the Land Acquisition Act, 1894 (Central Act 1 of 1894) becomes unviable or non-essential,
the State Government shall be at liberty to denotify such land, on such terms, as considered
43
expedient by the State Government, including the payment of compensation on account of
damages, if any, sustained by the land owner due to such acquisition:
Provided that where a part of the acquired land has been utilized or any encumbrances have
been created, the landowner may be compensated by providing alternative land alongwith
payment of damages, if any, as determined by the State Government.”
[Vide Haryana Act 21 of 2018, sec. 5 (w.e.f. 9-5-2018).]
102. Difference in price of land when transferred for higher consideration to be shared.–
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, forty 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 within a period of five years
from the date of acquisition:
Provided that benefit shall accrue only on the first sale or transfer that occurs after the conclusion
of the acquisition proceedings.
103. Provisions to be in addition to existing laws.–The provisions of this Act shall be in addition
to and not in derogation of, any other law for the time being in force.
104. Option of appropriate Government to lease.–Notwithstanding anything contained in this
Act, the appropriate Government shall, wherever possible, be free to exercise the option of taking the
land on lease, instead of acquisition, for any public purpose referred to in sub-section (1) of section 2.
105. Provisions of this Act not to apply in certain cases or to apply with certain
modifications.–(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 106, the Central Government may, by notification, omit or
add to any of the enactments specified in the Fourth Schedule.
(3) The Central Government shall, by notification, within one year from the date of
commencement of this Act, direct that any of the provisions of 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 modifications that do not reduce the compensation or dilute the provisions of this Act
relating to compensation or rehabilitation and resettlement 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 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.
STATE AMENDMENTS
Maharashtra
After section 105 of the principal Act, the following section shall be inserted, namely :-
“105-A. Provisions of this Act not to apply to certain Maharashtra Acts or to apply with
certain modifications.–(1) Subject to sub-section (2), the provisions of this Act shall not apply to
acquisition of land under the enactments specified in the Fifth Schedule.
(2) The State Government may, by notification, within one year from the date of commencement
of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement (Maharashtra Amendment) Act, 2018 (Mah. XXXVII of 2018), direct that any of the
provisions of 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 Fifth Schedule or shall apply with such exceptions or modifications that do not reduce
44
the compensation or dilute the provisions of this Act relating to the compensation, rehabilitation and
resettlement as may be specified in the notification, as the case may be :
Provided that, no such notification shall be issued except on a resolution passed by both Houses of
the State Legislature.”
[Vide Maharashtra Act 37 of 2018, sec. 10 (w.e.f. 26-4-2018).]
Maharashtra
Amendment of section 105A of Act 30 of 2013.—In section 105-A of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30
of 2013), in its application to the State of Maharashtra, as amended by the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement (Maharashtra Amendment)
Act, 2018 (Mah XXXVII of 2018), in sub-section (2), for the words, brackets and figures “within one
year from the date of commencement of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement (Maharashtra Amendment) Act, 2018 (Mah XXXVII of
2018)” the words, brackets and figures “within one year from the date of commencement of the Right
to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement
(Maharashtra Amendment) Act, 2020 (Mah. III of 2022)” shall be substituted.
[Vide Maharashtra Act III of 2022, sec. 2 (w.e.f. 20-01-2022).]
106. Power to amend Schedule.–(1) The Central Government may, by notification, amend or
alter any of the Schedules to this Act, without in any way reducing the compensation or diluting the
provisions of this Act relating to compensation or rehabilitation and resettlement.
(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 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.
107. Power of State Legislatures to enact any law more beneficial to affected families.–
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 payable under this Act or make
provisions for rehabilitation and resettlement which is more beneficial than provided under this Act.
108. Option to affected families to avail better compensation and rehabilitation and
resettlement.–(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 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 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.
109. Power of appropriate Government to make rules.–(1) Subject to the other provisions of
this Act, the appropriate Government may, 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 may provide
for all or any of the following matters, namely:—
(a) the process of obtaining the prior consent under the first proviso to sub-section (2) of
section 2;
(b) the limits of land in rural areas or urban areas under clause (a) of sub-section (3) of
section 2;
45
(c) the manner and the time limit for carrying out social impact assessment study under
sub-section (1) of section 4;
(d) the manner of preparing and publishing social impact assessment study reports under
sub-section (1) of section 6;
(e) the manner and time for conducting survey and undertaking census under sub-section (2) of
section 16;
(f) the manner of preparing draft Rehabilitation and Resettlement Scheme under
sub-section (5) of section 16;
(g) the manner of conducting public hearing under sub-section (5) of section 16;
(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 33;
(j) the form in which the Development Plan shall be prepared under sub-section (4) of
section 41;
(k) the powers, duties and responsibilities of Administrator under sub-section (2) of section 43;
(l) the procedure of Rehabilitation and Resettlement Committee under sub-section (3) of
section 45;
(m) 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 48;
(n) the procedures to be followed by the State Monitoring Committee and the allowances
payable to the experts under sub-section (3) of section 50;
(o) 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 55;
(p) 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 56;
(q) any other matter under clause (g) of sub-section (1) of section 60;
(r) the manner of recovery of the rehabilitation and resettlement benefits, availed of by making
false claim or through fraudulent means, under sub-section (2) of section 84;
(s) the manner of returning the unutilised land by reversion under section 101;
(t) manner of publication wherever the provisions of this Act provide for;
(u) any other matter which is required to be or may be specified under this Act.
STATE AMENDMENTS
Andhra Pradesh
In the principal Act, in section 109, in sub-section (2), after clause (u) the following clause shall
be added, namely:-
“(v) to give effect to the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement (Andhra Pradesh Amendment) Act, 2018”
[Vide Andhra Pradesh Act 22 of 2018, sec. 12 (w.e.f. 1-1-2014).]
110. Rules made by Central Government to be laid before Parliament.–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
46
following the session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such 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.
111. Rules made by State Government to be laid before State Legislature.–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 Houses, or where such Legislature consists of
one House, before that House.
112. Previous publication of rules made by Central and State Government.–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.
113. Power to remove difficulties.–(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 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, before
each House of Parliament.
114. Repeal and saving.–(1) The Land Acquisition Act, 1894 (1 of 1894) is hereby repealed.
(2) Save as otherwise provided in this Act the repeal under sub-section (1) shall not be held to
prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897)
with regard to the effect of repeals.
47
THE FIRST SCHEDULE
[See section 30(2)]
COMPENSATION FOR LAND OWNERS
The following components shall constitute the minimum compensation package to be given
to those whose land is acquired and to tenants referred to in clause (c) of section 3 in a proportion
to be decided by the appropriate Government.
Serial
No.
Component of compensation
package in respect of land
acquired under the Act
Manner of determination of value Date of
determination
of value
(1) (2) (3) (4)
1. Market value of land To be determined as provided under section 26.
2. Factor by which the market value
is to be multiplied in the case of
rural areas
1.00 (One) to 2.00 (Two) based on the distance of
project from urban area, as may be notified by the
appropriate Government.
3. Factor by which the market value
is to be multiplied in the case of
urban areas
1(One).
4. Value of assets attached to land
or building
To be determined as provided under section 29.
5. Solatium 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).
6. Final award in rural areas 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).
7. Final award in urban areas 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 4 under
column (2) plus solatium mentioned against serial
number 5 under column (2).
8. Other component, if any, to be
included
NOTE.–The date on which values mentioned under column (2) are determined should be indicated
under column (4) against each serial number.
48
THE SECOND SCHEDULE
[See sections 31(1), 38(1) and 105(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 SCHEDULE.
Serial
No.
Elements of Rehabilitation
and Resettlement
Entitlements
Entitlement/provision Whether
provided or
not (if
provided,
details to be
given)
(1) (2) (3) (4)
1. Provision of housing units
in case of displacement
(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 sqmts 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.
Explanation.–The houses in urban area may, if
necessary, be provided in multi-storied building
complexes.
2. Land for Land In the case of irrigation project, as far as possible and
in lieu of compensation to be paid for land acquired,
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 the
Scheduled Tribes will be provided land equivalent to
land acquired or two and a one-half acres, whichever is
lower.
49
(1) (2) (3) (4)
3. Offer forDeveloped Land In case 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 the cost of acquisition and the cost of
development:
Provided that in case the land owning project affected
family wishes to avail of this offer, an equivalent
amount will be deducted from the land acquisition
compensation package payable to it.
4. 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, after
providing suitable training and skill development in the
required field, make provision for employment at a rate
not lower than the minimum wages provided 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) onetime 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.
5. Subsistence grant
fordisplaced 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.
In case of displacement from the Scheduled Areas, as
far as possible, the affected families shall be relocated
in a similar ecological zone, so as to preserve the
economic opportunities, language, culture and
community life of the tribal communities.
6. 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.
7. Cattle shed/Petty shops cost 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.
50
(1) (2) (3) (4)
8. One-time grant to
artisan, small traders and
certain others
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 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.
9. 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.
10. One-time Resettlement
Allowance
Each affected family shall be given a
one-time “Resettlement Allowance” of
fifty thousand rupees only.
11. Stamp duty and
registration fee
(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.
51
THE THIRD SCHEDULE
[See sections 32, 38(1) and 105(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
No.
Component of infrastructure amenities provided/proposed to be
provided by the acquirer of land
Details of infrastructure
amenities provided by the
acquirer of land
(1) (2) (3)
1. 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.
2. Proper drainage as well as sanitation plans executed before physical
resettlement.
3. One or more assured sources of safe drinking water for each family as
per the norms prescribed by the Government of India.
4. Provision of drinking water for cattle.
5. Grazing land as per proportion acceptable in the State.
6. A reasonable number of Fair Price Shops.
7. Panchayat Ghars, as appropriate.
8. Village level Post Offices, as appropriate, with facilities for opening
saving accounts.
9. Appropriate seed-cum-fertilizer storage facility if needed.
10. 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.
11. 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.
12. Burial or cremation ground, depending on the caste- communities at
the site and their practices.
13. Facilities for sanitation, including individual toilet points.
14. Individual single electric connections (or connection through non-
conventional sources of energy like solar energy), for each household
and for public lighting.
15. Anganwadi’s providing child and mother supplemental nutritional
services.
16. School as per the provisions of the Right of Children to Free and
Compulsory Education Act, 2009 (35 of 2009);
52
(1) (2) (3)
17. Sub-health centre within two kilometres range.
18. Primary Health Centre as prescribed by the Government of India.
19. Playground for children.
20. One community centre for every hundred families.
21. Places of worship and chowpal/tree platform for every fifty families for
community assembly, of numbers and dimensions consonant with the
affected area.
22. Separate land must be earmarked for traditional tribal institutions.
23. The forest dweller families must be provided, where possible, with
their forest 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.
24. Appropriate security arrangements must be provided for the settlement,
if needed.
25. Veterinary service centre as per norms.
NOTE.– 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).
53
THE FOURTH SCHEDULE
(See section 105)
LIST OF ENACTMENTS 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 Damodar Valley Corporation Act, 1948 (14 of 1948).
4. The Indian Tramways Act, 1886 (11 of 1886)
5. The Land Acquisition (Mines) Act, 1885 (18 of 1885).
6. The Metro Railways (Construction of Works) Act, 1978 (33 of 1978).
7. The National Highways Act, 1956 (48 of 1956).
8. The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of
1962).
9. The Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952).
10. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (60 of 1948).
11. The Coal Bearing Areas Acquisition and Development Act, 1957 (20 of 1957).
12. The Electricity Act, 2003 (36 of 2003).
13. The Railways Act, 1989 (24 of 1989).
–––––––
54
STATE AMENDMENTS
Maharashtra
After the Fourth Schedule to the principal Act, the following Schedule shall be added, namely:-
“THE FIFTH SCHEDULE
(See section 105-A)
LIST OF MAHARASHTRA ENACTMENTS REGULATING LAND
ACQUISITION IN THE STATE OF MAHARASHTRA
1. The Maharashtra Highways Act (LV of 1955).
2. The Maharashtra Industrial Development Act, 1961 (Mah. III of 1962).
3. The Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966).
4. The Maharashtra Housing and Area Development Act, 1976 (Mah. XXVIII of 1977).”
[Vide Maharashtra Act 37 of 2018, sec. 12 (w.e.f. 26-4-2018).]
Open official source version ↗About this act
- Jurisdiction
- Central
- Enactment date
- 2013-09-26
- Sections available
- 114
Commencement information from the source
01-01-2014
Read the sections
1Short title, extent and commencement.→2Application of Act.→3Definitions.→4Preparation of Social Impact Assessment study.→5Public hearing for Social Impact Assessment.→6Publication of Social Impact Assessment study.→7Appraisal of Social Impact Assessment report by an Expert Group.→8Examination of proposals for land acquisition and Social Impact Assessment report by appropriate Government.→9Exemption from Social Impact Assessment.→10Special provision to safeguard food security.→11Publication of preliminary notification and power of officers thereupon.→12Preliminary survey of land and power of officers to carry out survey.→13Payment for damage.→14Lapse of Social Impact Assessment report.→15Hearing of objections.→16Preparation of Rehabilitation and Resettlement Scheme by the Administrator.→17Review of the Rehabilitation and Resettlement Scheme.→18Approved Rehabilitation and Resettlement Scheme to be made public.→19Publication of declaration and summary of Rehabilitation and Resettlement.→20Land to be marked out, measured and planned including marking of specific areas.→21Notice to persons interested.→22Power to require and enforce the making of statements as to names and interests.→23Enquiry and land acquisition award by Collector.→24Land acquisition process under Act No. 1 of 1984 shall be deemed to have lapsed in certain cases.→25Period within which an award shall be made.→26Determination of market value of land by Collector.→27Determination of amount of compensation.→28Parameters to be considered by Collector in determination of award.→29Determination of value of things attached to land or building.→30Award of solatium.→31Rehabilitation and Resettlement Award for affected families by Collector.→32Provision of infrastructural amenities in resettlement area.→33Corrections to awards by Collector.→34Adjournment of enquiry.→35Power to summon and enforce attendance of witnesses and production of documents.→36Power to call for records, etc.→37Awards of Collector when to be final.→38Power to take possession of land to be acquired.→39Additional compensation in case of multiple displacements.→40Special powers in case of urgency to acquire land in certain cases.→41Special provisions for Scheduled Castes and Scheduled Tribes.→42Reservation and other benefits.→43Appointment of Administrator.→44Commissioner for rehabilitation and resettlement.→45Rehabilitation and resettlement committee at project level.→46Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons.→47Quantification and deposit of rehabilitation and resettlement amount.→48Establishment of National Monitoring Committee for rehabilitation and resettlement.→49Reporting requirements.→50Establishment of State Monitoring Committee for rehabilitation and resettlement.→51Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.→52Composition of Authority.→53Qualifications for appointment as Presiding Officer.→54Terms of office of Presiding Officer.→55Staff of Authority.→56Salary and allowances and other terms and conditions of service of Presiding Officers.→57Filling up of vacancies.→58Resignation and removal.→59Orders constituting Authority to be final and not to invalidate its proceedings.→60Powers of Authority and procedure before it.→61Proceedings before Authority to be judicial proceedings.→62Members and officers of Authority to be public servants.→63Jurisdiction of civil courts barred.→64Reference to Authority.→65Collector‘s statement to Authority.→66Service of notice by Authority.→67Restriction on scope of proceedings.→68Proceedings to be in public.→69Determination of award by Authority.→70Form of award.→71Costs.→72Collector may be directed to pay interest on excess compensation.→73Re-determination of amount of compensation on the basis of the award of the Authority.→74Appeal to High Court.→75Particulars of apportionment to be specified.→76Dispute as to apportionment.→77Payment of compensation or deposit of same in Authority.→78Investment of money deposited in respect of lands belonging to person incompetent to alienate→79Investment of money deposited in other cases.→80Payment of interest.→81Temporary occupation of waste or arable land, procedure when difference as to compensation exists→82Power to enter and take possession and compensation on restoration.→83Difference as to condition of land.→84Punishment for false information, mala fide action, etc.→85Penalty for contravention of provisions of Act.→86Offences by companies.→87Offences by Government departments.→88Cognizance of offences by court.→89Offences to be non-cognizable.→90Offences to be cognizable only on complaint filed by certain persons.→91Magistrate to enforce surrender.→92Service of notice.→93Completion of acquisition not compulsory, but compensation to be awarded when not completed.→94Acquisition of part of house or building.→95Acquisition of land at cost of a local authority or Requiring Body.→96Exemption from income-tax, stamp duty and fees.→97Acceptance of certified copy as evidence.→98Notice in case of suits for anything done in pursuance of Act.→99No change of purpose to be allowed.→100No change of ownership without permission to be allowed.→101Return of unutilised land.→102Difference in price of land when transferred for higher consideration to be shared.→103Provisions to be in addition to existing laws.→104Option of appropriate Government to lease.→105Provisions of this Act not to apply in certain cases or to apply with certain modifications.→106Power to amend Schedule.→107Power of State Legislatures to enact any law more beneficial to affected families.→108Option to affected families to avail better compensation and rehabilitation and resettlement.→109Power of appropriate Government to make rules.→110Rules made by Central Government to be laid before Parliament.→111Rules made by State Government to be laid before State Legislature.→112Previous publication of rules made by Central and State Government.→113Power to remove difficulties.→114Repeal and saving.→
Schedules
THE FIRST SCHEDULEOfficial attachment ↗THE SECOND SCHEDULE.Official attachment ↗THE THIRD SCHEDULEOfficial attachment ↗THE FOURTH SCHEDULEOfficial attachment ↗
India Code, Government of India. Text fetched 10 Oct 2026. Source metadata reports last modification: 2019-12-02. Check the linked official text and subsequent notifications when applying a provision.