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

Summary of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Key Provisions
I. Determination of Social Impact & Public Purpose
Social Impact Assessment (SIA) Study:
• Mandatory before land acquisition (except in specified exemptions).
• Public hearing for SIA.
• Publication of SIA report.
Expert Group Appraisal of SIA report.
Exemption from SIA in specified cases (e.g., national security, public health emergencies).
II. Special Provisions
Safeguarding Food Security: Provisions to ensure minimal impact on agricultural land and food security.
III. Notification & Acquisition
Preliminary Notification & Survey:
• Publication and power of officers to survey.
• Pre-Acquisition Procedures: Certain actions (e.g., SIA) must be undertaken prior to initiation of acquisition proceedings.
• Extendable Period for Proceedings Initiation: The appropriate Government can extend the 12-month period for initiating acquisition proceedings if justified, with written record and public notification.
Hearing of Objections within 60 days of notification, covering:
• Area and suitability of land.
• Justification for public purpose.
• SIA report findings.
• Collector's Role: Receives objections, provides hearing, and submits recommendations to the appropriate Government.
iV. Rehabilitation & Resettlement (R&R)
Preparation of R&R Scheme by the Administrator post preliminary notification:
• Includes survey, census of affected families, and details on livelihoods, public utilities, and amenities.
• Draft Scheme Contents:
• Rehabilitation and resettlement entitlements.
• List of Government buildings and public amenities in the Resettlement Area.
• Time-Bound Implementation: Scheme includes a time limit for implementation.
• Public Participation:
• Wide publicity and discussion in Gram Sabhas/Municipalities.
• Mandatory Public Hearing: With adequate publicity, and in every affected Gram Sabha/Municipality if ≥25% of their land is acquired, considering special provisions for Scheduled Areas.
Review of R&R Scheme by the Collector.
V. Compensation
Components of Compensation: - Market value of land.
• Multiplication factor based on location (rural/urban).
• Value of assets attached.
• Solatium (100% of the calculated value).
Determination of Market Value by the Collector.
VI. Judicial & Administrative Provisions
Land Acquisition, Rehabilitation and Resettlement Authority:
• Establishment.
• Powers and procedure.
Appeal to High Court from Authority's decisions.
Rules and Regulations: - Power of appropriate Government to make rules.
• Previous publication of rules.
Power to Remove Difficulties within 2 years of commencement.
Schedules
• The First Schedule: Details the minimum compensation package.
• Provisions for Affected Families: Including those in Scheduled Areas and special considerations for Scheduled Castes and Tribes.
• Awards and Resettlement Areas: Provisions for infrastructural amenities and corrections to awards.

Legislative History:

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

Short Title The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Act Number / Year Act No. 30 of 2013

Act ID (India Code) 201330

Presidential Assent Date September 26, 2013

Enforcement Date January 1, 2014

Nodal Ministry Ministry of Rural Development

Precedent & Statutory Rationale

1. Inadequacies and Archaic Nature of the Legacy 1894 Framework:

o For over a century, compulsory land acquisition across British and independent India was governed by the Land Acquisition Act, 1894. This colonial-era framework focused narrowly on state acquisition for public purposes against minimal cash compensation, completely lacking statutory mandates for rehabilitation, resettlement, transparency, or public consultation.

2. Balancing Industrial Growth with Social Justice:

o Grounded in constitutional welfare commitments, the legislation was enacted to replace arbitrary acquisition practices with a transparent, participative, and informed process. It sought to ensure that families losing land are treated as partners in development, protecting vulnerable agrarian communities, livelihood dependencies, and rural food security from unmitigated displacement.

Parliamentary Trajectory & Enactment

• Formulation: Developed and piloted by the Department of Land Resources under the Ministry of Rural Development to overhaul the national land acquisition regime.

• Parliamentary Passage: Introduced in the Lok Sabha as the Land Acquisition, Rehabilitation and Resettlement Bill, 2011, on September 7, 2011; extensively scrutinized by the Parliamentary Standing Committee on Rural Development; and subsequently passed by the Lok Sabha on August 29, 2013, and the Rajya Sabha on September 4, 2013.

• Presidential Assent: Received formal Presidential Assent on September 26, 2013, entering the statute book as Act No. 30 of 2013.

• Enforcement: Enforced on January 1, 2014.

• Source: India Code Official Repository and Ministry of Rural Development Official Records