Statute Index · 104 Sections
The right to fair compensation and transparency in land acquisition rehabilitation and resettlement act 2013
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SectionTitle
2Application of Act.–(1) The provisions of this Act relating to land acquisition, compensation,→3Definition.–In this Act, unless the context otherwise requires,—→4Preparation of Social Impact Assessment study.–(1) Whenever the appropriate Government→5Public hearing for Social Impact Assessment.–Whenever a Social Impact Assessment is→6Publication of Social Impact Assessment study.–(1)→7Appraisal of Social Impact Assessment report by an Expert Group.–(1) The appropriate→8Examination of proposals for land acquisition and Social Impact Assessment report by→9Exemption from Social Impact Assessment.–Where land is proposed to be acquired invoking→12Preliminary survey of land and power of officers to carry out survey.–For the purposes of→13Payment for damage.–The officer so authorised under section 12 shall at the time of entry→14Lapse of Social Impact Assessment report.–Where a preliminary notification under section→15Hearing of objections.–(1) Any person interested in any land which has been notified under→16Preparation of Rehabilitation and Resettlement Scheme by the Administrator.–(1) Upon→17Review of the Rehabilitation and Resettlement Scheme.–(1) The Collector shall review the→18Approved Rehabilitation and Resettlement Scheme to be made public.–The Commissioner→20Land to be marked out, measured and planned including marking of specific areas.–The→21Notice to persons interested.–(1) The Collector shall publish the public notice on his website→22Power to require and enforce the making of statements as to names and interests.–(1) The→23Enquiry and land acquisition award by Collector.–On the day so fixed, or on any other day→24Land acquisition process under Act No. 1 of 1894 shall be deemed to have lapsed in→25Period within which an award shall be made.–The Collector shall make an award within a→26Determination of market value of land by Collector.–(1) The Collector shall adopt the→27Determination of amount of compensation.–The Collector having determined the market→28Parameters to be considered by Collector in determination of award.–In determining the→30Award of solatium.–(1) The Collector having determined the total compensation to be paid,→32Provision of infrastructural amenities in resettlement area.–In every resettlement area as→33Corrections to awards by Collector.–(1) The Collector may at any time, but not later than six→34Adjournment of enquiry.–The Collector may, for any cause he thinks fit, from time to time→35Power to summon and enforce attendance of witnesses and production of documents.–For→36Power to call for records, etc.–The appropriate Government may at any time before the→37Awards of Collector when to be final.–(1) The Awards shall be filed in the Collector‘s office→38Power to take possession of land to be acquired.–(1) The Collector shall take possession of→39Additional compensation in case of multiple displacements.–The Collector shall, as far as→40Special powers in case of urgency to acquire land in certain cases.–(1) In cases of urgency,→41Special provisions for Scheduled Castes and Scheduled Tribes.–(1) As far as possible, no→42Reservation and other benefits.–(1) All benefits, including the reservation benefits available→43Appointment of Administrator.–(1) Where the appropriate Government is satisfied that there→44Commissioner for rehabilitation and resettlement.–(1) The State Government shall appoint→45Rehabilitation and resettlement committee at project level.–(1) Where land proposed to be→46Provisions relating to rehabilitation and resettlement to apply in case of certain persons→47Quantification and deposit of rehabilitation and resettlement amount.–Where the→49Reporting requirements.–The States and Union territories shall provide all the relevant→50Establishment of State Monitoring Committee for rehabilitation and resettlement.–(1)→52Composition of Authority.–(1) The Authority shall consist of one person only (hereinafter→53Qualifications for appointment as Presiding Officer.–(1) A person shall not be qualified for→54Terms of office of Presiding Officer.–The Presiding Officer of an Authority shall hold office→55Staff of Authority.–(1) The appropriate Government shall provide the Authority with a→56Salary and allowances and other terms and conditions of service of Presiding Officers.–→57Filling up of vacancies.–If, for any reason other than temporary absence, any vacancy occurs→58Resignation and removal.–(1) The Presiding Officer of an Authority may, by notice in→59Orders constituting Authority to be final and not to invalidate its proceedings.–No order→60Powers of Authority and procedure before it.–(1) The Authority shall, for the purposes of its→61Proceedings before Authority to be judicial proceedings.–All proceedings before the→62Members and officers of Authority to be public servants.–The Member and officers of the→63Jurisdiction of civil courts barred.–No civil court (other than High Court under article 226 or→64Reference to Authority.–(1) Any person interested who has not accepted the award may, by→65Collector’s statement to Authority.–(1) In making the reference, the Collector shall state for→66Service of notice by Authority.–The Authority shall thereupon cause a notice specifying the→67Restriction on scope of proceedings.–The scope of the enquiry in every such proceeding shall→68Proceeding to be in public.–Every such proceeding shall take place in public, and all persons→69Determination of award by authority.–(1) In determining the amount of compensation to be→70Form of award.–(1) Every award under this Chapter shall be in writing signed by the→71Costs.–(1) Every such award shall also state the amount of costs incurred in the proceeding→72Collector may be directed to pay interest on excess compensation.–If the sum, which in the→73Re-determination of amount of compensation on the basis of the award of the Authority.–→74Appeal to High Court.–(1) The Requiring Body or any person aggrieved by the Award passed→75Particulars of apportionment to be specified.–When there are several persons interested, if→76Dispute as to apportionment.–When the amount of compensation has been settled, if any→77Payment of compensation or deposit of same in Authority.–(1) On making an award under→78Investment of money deposited in respect of lands belonging to person incompetent to→79Investment of money deposited in other cases.–When any money shall have been deposited→80Payment of interest.–When the amount of such compensation is not paid or deposited on or→82Power to enter and take possession and compensation on restoration.–(1) On payment of→83Difference as to condition of land.–In case the Collector and persons interested differ as to→85Penalty for contravention of provisions of Act.–If any person contravenes any of the→86Offences by companies.–(1) Where an offence under this Act has been committed by a→87Offences by Government departments.–(1) Where an offence under this Act has been→88Cognizance of offences by court.–No court inferior to that of a Metropolitan Magistrate or a→89Offences to be non-cognizable.–Notwithstanding anything contained in the Code of Criminal→90Offences to be cognizable only on complaint filed by certain persons.–No court shall take→91Magistrate to enforce surrender.–If the Collector is opposed or impeded in taking possession→92Service of notice.–(1) Save as otherwise provided in section 66, the service of any notice→93Completion of acquisition not compulsory, but compensation to be awarded when not→94Acquisition of part of house or building.–(1) The provisions of this Act shall not be put in→95Acquisition of land at cost of a local authority or Requiring Body.–(1) Where the→96Exemption from income-tax, stamp duty and fees.–No income tax or stamp duty shall be→97Acceptance of certified copy as evidence.–In any proceeding under this Act, a certified copy→98Notice in case of suits for anything done in pursuance of Act.–No suit or other proceeding→99No change of purpose to be allowed.–No change from the purpose or related purposes for→100No change of ownership without permission to be allowed.–No change of ownership→101Return of unutilised land.– When any land acquired under this Act remains unutilised for a→102Difference in price of land when transferred for higher consideration to be shared.–→103Provisions to be in addition to existing laws.–The provisions of this Act shall be in addition→104Option of appropriate Government to lease.–Notwithstanding anything contained in this→105Provisions of this Act not to apply in certain cases or to apply with certain→106Power to amend Schedule.–(1) The Central Government may, by notification, amend or→107Power of State Legislatures to enact any law more beneficial to affected families.–→108Option to affected families to avail better compensation and rehabilitation and→109Power of appropriate Government to make rules.–(1) Subject to the other provisions of→110Rules made by Central Government to be laid before Parliament.–Every rule made by→111Rules made by State Government to be laid before State Legislature.–Every rule made by→112Previous publication of rules made by Central and State Government.–The power to→113Power to remove difficulties.–(1) If any difficulty arises in giving effect to the provisions of→114Repeal and saving.–(1) The Land Acquisition Act, 1894 (1 of 1894) is hereby repealed.→Nyaya Intelligence
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