The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Administered Ministry: Ministry of Rural Development / Department of Land Resources
Section
Section 101 Return of unutilised land. 1 docs
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 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).]
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 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).]
Section 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.
Provided that benefit shall accrue only on the first sale or transfer that occurs after the conclusion of the acquisition proceedings.
Section 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.
Section 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.
Section 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 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).]
(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 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).]
Section 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.
(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.
Section 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.
Section 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.
(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.
Section 109 Power of appropriate Government to make rules. 2 docs
(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;
(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).]
(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;
(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).]
Section 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 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.
Section 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.
Section 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.
Section 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.
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.
Section 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.
(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.