(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
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
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 subsection."
[Vide Maharashtra Act 37 of 2018, sec. 2 (w.e.f. 26-4-2018).]