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

THE FIRST SCHEDULE

[See section 30(2)]

COMPENSATION FOR LAND OWNERS

The following components shall constitute the minimum compensation package to be given

to those whose land is acquired and to tenants referred to in clause (c) of section 3 in a proportion

to be decided by the appropriate Government.

Serial

No.

Component of compensation

package in respect of land

acquired under the Act

Manner of determination of value Date of

determination

of value

(1) (2) (3) (4)

1. Market value of land To be determined as provided under section 26.

2. Factor by which the market value

is to be multiplied in the case of

rural areas

1.00 (One) to 2.00 (Two) based on the distance of

project from urban area, as may be notified by the

appropriate Government.

3. Factor by which the market value

is to be multiplied in the case of

urban areas

1(One).

4. Value of assets attached to land

or building

To be determined as provided under section 29.

5. Solatium Equivalent to one hundred per cent. of the market

value of land mentioned against serial number 1

multiplied by the factor specified against serial

number 2 for rural areas or serial number 3 for urban

areas plus value of assets attached to land or

building against serial number 4 under column (2).

6. Final award in rural areas  Market value of land mentioned against serial

number 1 multiplied by the factor specified against

serial number 2 plus value of assets attached to land

or building mentioned against serial number 4 under

column (2) plus solatium mentioned against serial

number 5 under column (2).

7. Final award in urban areas Market value of land mentioned against serial

number 1 multiplied by the factor specified against

serial number 3 plus value of assets attached to land

or building mentioned against serial number 4 under

column (2) plus solatium mentioned against serial

number 5 under column (2).

8. Other component, if any, to be

included

NOTE.–The date on which values mentioned under column (2) are determined should be indicated

under column (4) against each serial number.

THE SECOND SCHEDULE

[See sections 31(1), 38(1) and 105(3)]

ELEMENTS OF REHABILITATION AND RESETTLEMENT ENTITLEMENTS FOR ALL THE AFFECTED

FAMILIES (BOTH LAND OWNERS AND THE FAMILIES WHOSE LIVELIHOOD IS PRIMARILY DEPENDENT ON

LAND ACQUIRED) IN ADDITION TO THOSE PROVIDED IN THE FIRST SCHEDULE.

Serial

No.

Elements of Rehabilitation

and Resettlement

Entitlements

Entitlement/provision Whether

provided or

not (if

provided,

details to be

given)

(1) (2) (3) (4)

1. Provision of housing units

in case of displacement

(1) If a house is lost in rural areas, a constructed house

shall be provided as per the Indira Awas Yojana

specifications. If a house is lost in urban areas, a

constructed house shall be provided, which will be not

less than 50 sq mts in plinth area.

(2) The benefits listed above shall also be extended to

any affected family which is without homestead land

and which has been residing in the area continuously

for a period of not less than three years preceding the

date of notification of the affected area and which has

been involuntarily displaced from such area:

Provided that any such family in urban areas which

opts not to take the house offered, shall get a one-time

financial assistance for house construction, which shall

not be less than one lakh fifty thousand rupees:

Provided further that if any affected family in rural

areas so prefers, the equivalent cost of the house may

be offered in lieu of the constructed house:

Provided also that no family affected by acquisition

shall be given more than one house under the

provisions of this Act.

Explanation.–The houses in urban area may, if

necessary, be provided in multi-storied building

complexes.

2. Land for Land In the case of irrigation project, as far as possible and

in lieu of compensation to be paid for land acquired,

each affected family owning agricultural land in the

affected area and whose land has been acquired or lost,

or who has, as a consequence of the acquisition or loss

of land, been reduced to the status of a marginal farmer

or landless, shall be allotted, in the name of each

person included in the records of rights with regard to

the affected family, a minimum of one acre of land in

the command area of the project for which the land is

acquired:

Provided that in every project those persons losing land

and belonging to the Scheduled Castes or the

Scheduled Tribes will be provided land equivalent to

land acquired or two and a one-half acres, whichever is

lower.

(1) (2) (3) (4)

3. Offer for Developed Land In case the land is acquired for urbanisation purposes,

twenty per cent. of the developed land will be reserved

and offered to land owning project affected families, in

proportion to the area of their land acquired and at a

price equal to the cost of acquisition and the cost of

development:

Provided that in case the land owning project affected

family wishes to avail of this offer, an equivalent

amount will be deducted from the land acquisition

compensation package payable to it.

4. Choice of Annuity or

Employment

The appropriate Government shall ensure that the

affected families are provided with the following

options:

(a) where jobs are created through the project, after

providing suitable training and skill development in the

required field, make provision for employment at a rate

not lower than the minimum wages provided for in any

other law for the time being in force, to at least one

member per affected family in the project or arrange

for a job in such other project as may be required; or

(b) one time payment of five lakhs rupees per affected

family; or

(c) annuity policies that shall pay not less than two

thousand rupees per month per family for twenty years,

with appropriate indexation to the Consumer Price

Index for Agricultural Labourers.

5. Subsistence grant for

displaced families for a

period of one year

Each affected family which is displaced from the land

acquired shall be given a monthly subsistence

allowance equivalent to three thousand rupees per

month for a period of one year from the date of award.

In addition to this amount, the Scheduled Castes and

the Scheduled Tribes displaced from Scheduled Areas

shall receive an amount equivalent to fifty thousand

rupees.

In case of displacement from the Scheduled Areas, as

far as possible, the affected families shall be relocated

in a similar ecological zone, so as to preserve the

economic opportunities, language, culture and

community life of the tribal communities.

6. Transportation cost for

displaced families

Each affected family which is displaced shall get a one-

time financial assistance of fifty thousand rupees as

transportation cost for shifting of the family, building

materials, belongings and cattle.

7. Cattle shed/Petty shops cost Each affected family having cattle or having a petty

shop shall get one-time financial assistance of such

amount as the appropriate Government may, by

notification, specify subject to a minimum of twenty-

five thousand rupees for construction of cattle shed or

petty shop as the case may be.

(1) (2) (3) (4)

8. One-time grant to

artisan, small traders and

certain others

Each affected family of an artisan, small

trader or self-employed person or an

affected family which owned non-

agricultural land or commercial,

industrial or institutional structure in the

affected area, and which has been

involuntarily displaced from the affected

area due to land acquisition, shall get

one-time financial assistance of such

amount as the appropriate Government

may, by notification, specify subject to a

minimum of twenty-five thousand

rupees.

9. Fishing rights In cases of irrigation or hydel projects,

the affected families may be allowed

fishing rights in the reservoirs, in such

manner as may be prescribed by the

appropriate Government.

10. One-time Resettlement

Allowance

Each affected family shall be given a

one-time ―Resettlement Allowance‖ of

fifty thousand rupees only.

11. Stamp duty and

registration fee

(1) The stamp duty and other fees

payable for registration of the land or

house allotted to the affected families

shall be borne by the Requiring Body.

(2) The land for house allotted to the

affected families shall be free from all

encumbrances.

(3) The land or house allotted may be in

the joint names of wife and husband of

the affected family.

THE THIRD SCHEDULE

[See sections 32, 38(1) and 105(3)]

PROVISION OF INFRASTRUCTURAL AMENITIES

For resettlement of populations, the following infrastructural facilities and basic minimum

amenities are to be provided at the cost of the Requisitioning Authority to ensure that the resettled

population in the new village or colony can secure for themselves a reasonable standard of community

life and can attempt to minimise the trauma involved in displacement.

A reasonably habitable and planned settlement would have, as a minimum, the following facilities

and resources, as appropriate:

Serial

No.

Component of infrastructure amenities provided/proposed to be

provided by the acquirer of land

Details of infrastructure

amenities provided by the

acquirer of land

(1) (2) (3)

1. Roads within the resettled villages and an all-weather road link to the

nearest pucca road, passages and easement rights for all the resettled

families be adequately arranged.

2. Proper drainage as well as sanitation plans executed before physical

resettlement.

3. One or more assured sources of safe drinking water for each family as

per the norms prescribed by the Government of India.

4. Provision of drinking water for cattle.

5. Grazing land as per proportion acceptable in the State.

6. A reasonable number of Fair Price Shops.

7. Panchayat Ghars, as appropriate.

8. Village level Post Offices, as appropriate, with facilities for opening

saving accounts.

9. Appropriate seed-cum-fertilizer storage facility if needed.

10. Efforts must be made to provide basic irrigation facilities to the

agricultural land allocated to the resettled families if not from the

irrigation project, then by developing a cooperative or under some

Government scheme or special assistance.

11. All new villages established for resettlement of the displaced persons

shall be provided with suitable transport facility which must include

public transport facilities through local bus services with the nearby

growth centres/urban localities.

12. Burial or cremation ground, depending on the caste- communities at

the site and their practices.

13. Facilities for sanitation, including individual toilet points.

14. Individual single electric connections (or connection through non-

conventional sources of energy like solar energy), for each household

and for public lighting.

15. Anganwadi‘s providing child and mother supplemental nutritional

services.

16. School as per the provisions of the Right of Children to Free and

Compulsory Education Act, 2009 (35 of 2009);

(1) (2) (3)

17. Sub-health centre within two kilometres range.

18. Primary Health Centre as prescribed by the Government of India.

19. Playground for children.

20. One community centre for every hundred families.

21. Places of worship and chowpal/tree platform for every fifty families for

community assembly, of numbers and dimensions consonant with the

affected area.

22. Separate land must be earmarked for traditional tribal institutions.

23. The forest dweller families must be provided, where possible, with

their forest rights on non-timber forest produce and common property

resources, if available close to the new place of settlement and, in case

any such family can continue their access or entry to such forest or

common property in the area close to the place of eviction, they must

continue to enjoy their earlier rights to the aforesaid sources of

livelihood.

24. Appropriate security arrangements must be provided for the settlement,

if needed.

25. Veterinary service centre as per norms.

NOTE.– Details of each component of infrastructural amenities mentioned under column (2) against

serial numbers 1 to 25 should be indicated by the acquirer of land under column (3).

THE FOURTH SCHEDULE

(See section 105)

LIST OF ENACTMENTS REGULATING LAND ACQUISITION AND REHABILITATION AND

RESETTLEMENT

1.  The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958).

2.  The Atomic Energy Act, 1962 (33 of 1962).

3.  The Damodar Valley Corporation Act, 1948 (14 of 1948).

4.  The Indian Tramways Act, 1886 (11 of 1886)

5.  The Land Acquisition (Mines) Act, 1885 (18 of 1885).

6.  The Metro Railways (Construction of Works) Act, 1978 (33 of 1978).

7.  The National Highways Act, 1956 (48 of 1956).

8.  The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of

1962).

9.  The Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952).

10. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (60 of 1948).

11. The Coal Bearing Areas Acquisition and Development Act, 1957 (20 of 1957).

12. The Electricity Act, 2003 (36 of 2003).

13.  The Railways Act, 1989 (24 of 1989).

–––––––

STATE AMENDMENTS

Maharashtra

After the Fourth Schedule to the principal Act, the following Schedule shall be added, namely:-

“THE FIFTH SCHEDULE

(See section 105-A)

LIST OF MAHARASHTRA ENACTMENTS REGULATING LAND

ACQUISITION IN THE STATE OF MAHARASHTRA

1. The Maharashtra Highways Act (LV of 1955).

2. The Maharashtra Industrial Development Act, 1961 (Mah. III of 1962).

3. The Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966).

4. The Maharashtra Housing and Area Development Act, 1976 (Mah. XXVIII of 1977).”

[Vide Maharashtra Act 37 of 2018, sec. 12 (w.e.f. 26-4-2018).]