Section List

30/2013 - The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ▶

Act Number: 30

Act Name: The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Year: 2013

Enactment Date: 2013-09-26

Long Title: 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.

Ministry: Ministry of Rural Development

Department: Department of Land Resources

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