Be Rigid On Your Decision: THE DRAFT NATIONAL LAND ACQUISITION AND REHABILITATION & RESETTLEMENT BILL, 2011 (** see note at the end of post)

Ministry of Rural Development

Government of India

July 27th 2011

Draft for Discussion

I. Foreword

II. Overview of the Draft Bill

III. Text of the Draft Bill

FOREWORD

Infrastructure across the country must expand rapidly. Industrialisation,

especially based on manufacturing has also to accelerate. Urbanisation is

inevitable. Land is an essential requirement for all these processes.

Government also needs to acquire land for a variety of public purposes.

In every case, land acquisition must take place in a manner that fully

protects the interests of land-owners and also of those whose livelihoods

depend on the land being acquired.

Under our Constitution, land is a State subject but land acquisition is a

Concurrent subject. So far, the basic law governing the land acquisition

process has been the Land Acquisition Act, 1894. Although it has been

amended from time to time, it is painfully evident that the basic law has

become archaic.

Land markets in India are imperfect. There is asymmetry of power (and

information) between those wanting to acquire the land and those whose

lands are being acquired. That is why there has to be a role for the

government to put in place a transparent and flexible set of rules and

regulations and to ensure its enforcement.

Land Acquisition and Rehabilitation and Resettlement (R&R) need to be

seen necessarily as two sides of the same coin. R&R must always, in each

instance, necessarily follow upon acquisition of land. Not combining the

two – R&R and land acquisition – within one law, risks neglect of R&R.

This has, indeed, been the experience thus far.

This draft Bill seeks to balance the need for facilitating land acquisition

for various public purposes including infrastructure development,

industrialisation and urbanisation, while at the same time meaningfully

addressing the concerns of farmers and those whose livelihoods are

dependent on the land being acquired.

The issue of who acquires land is less important than the process of land

acquisition, compensation for land acquired and the R&R process,

package and conditions. This draft Bill specifies these irrespective of the

ratios of private and government acquisition. The objective is to make

the process of land acquisition easy, transparent and fair for both sides

in each instance. This draft Bill covers all cases (0-100%, 50-50%, 70-

30%, 90-10%, 100-0% and all other possible combinations in between),

II.

THE DRAFT LAND ACQUISITION AND

REHABILITATION AND RESETTLEMENT

BILL (LARR), 2011 –

AN OVERVIEW

Ministry of Rural Development

Government of India

July 29th, 2011

Draft for Discussion purposes

Only

 Why a New Law?

 Why a Combined Law?

 Scope of the Draft Bill

 Salient Features of the Draft Bill

– Definition of ‘Public Purpose’

– Urgency

– Definition of ‘Affected Family’

– Minimum Compensation for Land

– Minimum R&R Entitlements

– Infrastructural Amenities

– Compliance with Other Laws

– Process Flow

– Institutional Structure

– Safeguards

– Transparency

– Penalties

– Awards

Agenda

Draft for Discussion purposes

Only

 Heightened public concern on Land

Acquisition issues

 Absence of a national law to provide for

the resettlement, rehabilitation and

compensation for loss of livelihoods

Why a New Law

Public

Concern

 While multiple amendments have been

made to the Original Act, the principal

law continues to be the same i.e. the

Land Acquisition Act of 1894

Outdated

Law

 Addressing concerns of farmers and

those whose livelihoods are dependent

on the land being acquired

 While facilitating land acquisition for

industrialisation, infrastructure and

urbanisation

Need

for

Balance

Draft for Discussion purposes

Only

Why a Combined Law

1. Land Acquisition and Resettlement &

Rehabilitation need to be seen necessarily

as two sides of the same coin

2. Resettlement & Rehabilitation must always,

in each instance, necessarily follow upon

acquisition of land

3. Not combining the two – R&R and land

acquisition – within one law, risks neglect

of R&R. This has, indeed, been the

experience thus far

4. This is the first National/ Central Law on the

subject of Resettlement and Rehabilitation

of families affected and displaced as a

result of land acquisition

Draft for Discussion purposes

Only

Both LA and R&R Provisions will apply when:

1. Government acquires land for its own use, hold and control

2. Government acquires land with the ultimate purpose to transfer

it for the use of private companies for stated public purpose

(including PPP projects but other than national highway

projects)

3. Government acquires land for immediate and declared use by

private companies for public purpose

Note I: Public purpose for 2. & 3. above, once stated, cannot

be changed

Note II: Land Acquisition under 2. & 3. above can take place

provided 80% of the project affected families give consent

to the proposed acquisition.

Scope of LARR, 2011

Note: Government does not envisage acquiring:

1. Land for private companies for private purposes.

2. Any multi-crop irrigated land for public purposes

Only R&R provisions will apply when:

1. Private companies buy land, equal to or more than 100

acres, on their own;

2. Private company approaches Government for partial

acquisition for public purpose.

Draft for Discussion purposes

Only

The following categories are considered as public

purpose:

1. Strategic purposes: e.g., armed forces,

national security;

2. Infrastructure and Industry: where benefits

largely accrue to the general public;

3. Land acquired for R&R purposes;

4. Village or urban sites: planned development -

residential purpose for the poor and educational

and health schemes;

5. Land for private companies for public

purpose;

6. Needs arising from natural calamities.

Salient Features of the Draft Bill

Definition of Public Purpose

Draft for Discussion purposes

Only

Salient Features of the Draft Bill

Urgency Clause

The Urgency Clause can only be invoked in

the following cases:

1. National defense and security purposes

2. R&R needs in the event of emergencies or

natural calamities

3. To be exercised in ‘rarest of rare’ cases

Draft for Discussion purposes

Only

• Land Owners:

1. Family whose land/other immovable

properties have been acquired;

2. Those who are assigned land by the

Governments under various schemes;

3. Right holders under the Forest Rights Act,

2006

• Livelihood Losers:

1. A family whose livelihood is primarily

dependent on the land being acquired

2. May or may not own property

Salient Features of the Draft Bill

Affected Families

Draft for Discussion purposes

Only

A Comprehensive Compensation Package (Schedule I)

1. Market value of the land:

a) the minimum land value, if any, specified in the Indian

Stamp Act, 1899 for the registration of sale deeds in the

area, where the land is situated; or

b) the average of the sale price for similar type of land

situated in the village or vicinity, ascertained from fifty per

cent of the sale deeds registered during the preceding

three years, where higher price has been paid; or

whichever is higher:

PROVIDED THAT THE MARKET VALUE SO CALCULATED

SHALL BE MULTIPLIED BY THREE IN RURAL AREAS.

2. Value of the assets attached to land:

Building/Trees/Wells/Crop etc as valued by relevant govt.

authority;

Total compensation = 1+2

3. Solatium: 100% of total compensation

Salient Features of the Draft Bill

Minimum Compensation for Land

Draft for Discussion purposes

Only

This implies that in case of urban areas, the award

amount would be not less than twice that of the market

value determined, whereas in rural areas it would be not

less than six times the original market value

Salient Features of the Draft Bill

Minimum R&R Entitlements

A Comprehensive R&R Package (Schedule II and Draft Bill)

For Land Owners:

1. Subsistence allowance at Rs. 3000 per month per family for

12 months;

2. Rs 2000 per month per family as annuity for 20 years, with

appropriate index for inflation;

3. If house is lost, a constructed house of plinth area of 150

sq mts of house site in rural areas or 50 sq mts plinth area

in urban area;

4. One acre of land to each family in the command area, if

land is acquired for an irrigation project;

5. Rs 50,000 for transportation;

6. Where land is acquired for urbanization, 20% of the

developed land will be reserved and offered to land owners,

in proportion to their land acquired;

7. Upon every transfer of land within 10 years of the date of

acquisition, 20% of the appreciated value shall be shared

with the original owner whose land has been acquired;

8. Mandatory employment for one member per affected family

or 2 lakh rupees if employment is not offered;

9. Offer of shares up to 25% of the Compensation amount

Draft for Discussion purposes

Only

Salient Features of the Draft Bill

Minimum R&R Entitlements

A Comprehensive R&R Package (Schedule II)

For Livelihood losers (including landless):

1.Subsistence allowance at Rs. 3000 per month per

family for 12 months;

2.Rs 2000 per month per family as annuity for 20

years, with appropriate index for inflation;

3. If home-less, a constructed house (plinth area) on

150 sqmts of house site in rural areas or 50 sqmts in

urban area, provided free of cost;

4.A one-time ‘Resettlement Allowance’ of Rs 50,000;

5.Rs 50,000 for transportation;

6.Mandatory employment for one member per affected

family or 2 lakh rupees.

Draft for Discussion purposes

Only

A Comprehensive R&R Package (Schedule II)

Special Provisions for ST’s

1. One acre of land to each ST family in every project;

2. One time financial assistance of Rs 50,000 for ST

families;

3. ST families settled outside the district shall be entitled

to an additional 25% R&R benefits (and a one time

payment of Rs 50,000) to which they are entitled in

monetary terms;

4. Payment of one third of the compensation amount at

very outset to ST families;

5. Preference in relocation and resettlement in area in

same compact block;

6. Free land for community and social gatherings;

7. In case of displacement of 100 or more ST families, a

Tribal Displacement Plan is to be prepared:

-Detailing process to be followed for settling land

rights and restoring titles on alienated land;

-Details of programme for development of alternate

fuel, fodder and non-timber forest produce.

Salient Features of the Draft Bill

Minimum R&R Entitlements

Continuation of reservation and other benefits from

displaced area to resettlement area for both SCs and STs

Draft for Discussion purposes

Only

Salient Features of the Draft Bill

Infrastructural Amenities to be provided

(Schedule III)

25 infrastructural amenities to be provided in the

Resettlement area, including:

• Schools and playgrounds;

• Health Centres;

• Roads and electric connections;

• Assured sources of safe drinking water for each family;

• Panchayat Ghars;

• Anganwadi’s providing child and mother supplemental

nutritional services;

• Places of worship and burial and/or cremation ground;

• Village level Post Offices, as appropriate, with facilities

for opening saving accounts;

• Fair price shops and seed-cum-fertilizer storage

facilities

Draft for Discussion purposes

Only

The Provisions of the New Law shall be fully

compliant with other laws such as:

• The Panchayats (Extension to the Scheduled

Areas) Act, 1996;

• The Scheduled Tribes and Other Traditional Forest

Dwellers (Recognition of Forest Rights) Act, 2006;

• Land Transfer Regulations in Schedule V Areas.

Draft for Discussion purposes

Only Salient Features of the Draft Bill

Compliance with other Laws

Salient Features of the Draft Bill

Process Flow

Proposal is

Received by the

Appropriate

Government

Legitimacy of ‘Public

Purpose’ and SIA is

approved by CS

Committee

Social Impact

Assessment (SIA)

Conducted by

Appropriate Government

Finalization of R&R

Scheme (within 6

months of PN)

Publication of

Preliminary

Notification to acquire

Public Hearing

Pre-

Notification

• Collector submits

report on status

of alternative sites

Awards

Draft for Discussion purposes

Only

Draft Declaration& R&R Scheme

published

• SIA to be

examined by

independent

Expert Group

• Consent of 80% of

Affected sought

Salient Features of the Draft Bill

Institutional Structure

National LA&RR

Dispute Settlement

Authority

State LA&RR Dispute

Settlement Authority

State Commissioner,

Administrator, RR

District Collector

RR Committee

Centre

State

Projectlevel

• Dispute Resolution

for Central Projects

• Dispute Resolution

for State Projects

• Overall Admin for

LA&RR in State

• Admin Project-level

• Overall coordination

and implementation

• Oversight (Elected

reps, civil society, line

agencies)

Chief Secy

Committee

• Determine whether

projects are for public

purpose

National Monitoring

Committee

• Oversight at Central

Level

Draft for Discussion purposes

Only

Salient Features of the Draft Bill

Safeguards against indiscriminate acquisition

• Social Impact Assessment made mandatory where

area to be acquired is equal to or greater than 100

acres;

• Chief Secretary Committee to approve ‘public

purpose’ and approve the SIA report;

• Draft Notification to include:

– Summary of SIA

– Particulars of Administrator for R&R who

prepares R&R scheme

• Draft Declaration to include:

– Summary of R&R package

• Return of Land: Land returned to original owner if

not used in 5 years for the purpose for which it is

acquired, one-fourth of the award amount for the land

acquired

– Provided government can use land acquired for a

department to some other department

Draft for Discussion purposes

Only

Salient Features of the Draft Bill

Transparency Provisions

• Social Impact Assessment

– Gram Sabha to be consulted

– Summary of SIA notified along with Draft

Notification

– SIA document made available for public scrutiny

• R&R Scheme

– Summary notified along with Draft declaration

– Made available for public scrutiny

• Individual Awards passed

• Public Disclosure

– All documents mandatorily to be made available

in the public domain and on the website

Draft for Discussion purposes

Only

Salient Features of the Draft Bill

Penalties

Punishment for false information, Mala Fide

action, etc

• If False or Misleading Documents: Will result in

the levy of a fine of up to one lakh rupees and/ or

with imprisonment up to a month.

• If R&R benefits obtained on false information:

Shall be recovered by the Appropriate Authority.

• Disciplinary Proceedings against Govt.

Officers: A Government servant who is guilty of

a mala fide action in respect of any provision of

this Act and he shall be liable to such punishment

(and fine) as the disciplinary authority may decide.

Draft for Discussion purposes

Only

Salient Features of the Draft Bill

Awards

Collector passes 2 types of Awards:

1. Award for Land Acquisition

– Award made in respect of every affected family

whose land is being acquired and containing

details of LA compensation as listed in

Schedule I;

2. Award for R&R

– Award made in respect of every affected family,

regardless of whether they may be losing land or

not, containing details of R&R entitlements as

listed in Schedule II.

Provided that Land will not be transferred until

R&R is completed

Draft for Discussion purposes

Only

III.

The Draft Land Acquisition and

Rehabilitation & Resettlement Bill, 2011

Draft for Discussion

THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT BILL 2011

PREAMBLE

A Draft Bill to balance the need for facilitating land acquisition for industrialisation,

development of essential infrastructure facilities and urbanisation, while at the same time to

meaningfully address the concerns of farmers and those whose livelihoods are dependent on

the land being acquired;

And to prevent the human and social suffering caused by involuntary displacement, by

minimizing the displacement of affected persons and mitigating the adverse impacts on

people and their habitats;

And comprehensively defining and identifying project affected persons/families to ensure

that they are provided with a just compensation and rehabilitation and resettlement package,

sensitive to the aspirations, culture, community, natural resource base and skill base of the

affected people;

And ensuring a humane, participatory, informed, consultative and transparent process; and

above all ensuring that the cumulative outcome of compulsory acquisition should be that

affected persons become partners in development.

It is hereby enacted as follows:

1. Short title, Extent and Commencement:

(1) This Bill may be called the Land Acquisition Rehabilitation and Resettlement Bill 2011.

(2) It extends to the whole of India except the state of Jammu and Kashmir.

(3) It shall come into force on such date as the date notified by the Government in the Official

Gazette which shall not be more than three months from the passage of the Bill by both

houses of Parliament;

1A. Applicability of the Law:

(1)The provisions of this Act, shall apply in their entirety when:-

(a) the Appropriate Government acquires land for its own use, to hold and to control;

(b) Government acquires land with the ultimate intent to transfer it for the use of

private companies for stated public purpose (including Public Private Partnership

projects but not including national or state highway projects);

private companies for public purpose;

PROVIDED that the Public purpose for sub sections (b) and (c) above, once stated, cannot be

changed.

PROVIDED FURTHER that Land Acquisition under sub sections (b) and (c) above can take place

where at least 80 per cent of the affected families give their consent to the proposed

acquisition.

(2) Only the provisions relating to rehabilitation and resettlement shall apply when:-

(a) Private companies purchase or acquire land, equal to or more than one hundred

acres, on their own;

(b) a private company approaches the Appropriate Government for partial acquisition

of an area so identified for a public purpose.

PROVIDED that where a private company seeks Government intervention for partial

acquisition then the rehabilitation and resettlement entitlements shall be applicable for

Draft for Discussion

the entire area identified for acquisition by the private company and not just the area

for which the intervention is sought.

(3) All entitlements set forth in this Act shall be the absolute minimum to be guaranteed to

those so entitled and no States shall in any manner limit or restrict the entitlements so

enumerated.

PROVIDED nothing in this section shall prevent the States from enacting legislations or similar

instruments having the force of law, to enhance or add to the entitlements enumerated in this

Act.

2. Definitions

In this Act, unless there is something repugnant in the subject or context;-

(a) the expression “Administrator” means an officer appointed for the purpose of

Rehabilitation and Resettlement of affected families under section 8;

(b) the expression “Affected Area” means an area of village or locality notified by the

Appropriate Government for the purposes of land acquisition;

(i) a family whose land or other immovable property has been acquired or

which is involuntarily and permanently displaced from their land or immovable

property;

(ii) a landless family, which includes agriculture labourer or artisans, which has been

working in the affected area and whose primary source of livelihood has been

affected by land acquisition in such area;

(iii) tribals and other traditional forest dwellers, who have lost any traditional rights

recognised under the Scheduled Tribes and Other Traditional Forest Dwellers

(Recognition of Forest Rights) Act, 2006;

(iv) Any individuals who have been assigned land by the State or Central Government

under various schemes.

PROVIDED that where as a result of the acquisition there is a loss of their primary

source of livelihood, families which are dependent on forests or waterbodies for their

livelihoods, including forest gatherers, hunters, fisher folk and boatmen shall be

included.

(d) the expression “Agricultural Land” means lands being used for the purpose of-

(i) agriculture or horticulture;

(ii) dairy farming, poultry farming, pisciculture, sericulture, breeding of livestock or

nursery growing medicinal herbs;

(iii) raising of crops, grass or garden produce; and

Draft for Discussion

(iv) land use for the grazing of cattle.

(e) the expression “Appropriate Government” means,-

(i) in relation to acquisition of land for the purposes of the Union, the Central

Government;

(ii) in relation to acquisition of land for the purposes of any infrastructure project in

more than one State, the Central Government; and

(iii) in relation to acquisition of land for any other purpose, the State Government;

(iv) in relation to Rehabilitation and Resettlement, the State Government;

(f) the expression “Authority” means the State Land Acquisition Rehabilitation and

Resettlement Disputes Settlement Authority in respect of a State and the Central Land

Acquisition Rehabilitation and Resettlement Disputes Settlement Authority in respect of the

Centre;

(g) the expression “Collector” means the Collector of a district, and includes a Deputy

Commissioner and any officer specially designated by the Appropriate Government to

perform the functions of a Collector under this Act;

(h) the expression “Cost of Acquisition” includes-

(i) compensation award amount which includes Solatium, any enhanced compensation

ordered by Land Acquisition and Rehabilitation & Resettlement Dispute Settlement

Authority or the relevant High Court and any other amount and interest payable

thereupon;

(ii) demurrage to be paid for damages caused to the land and standing crops in the

process of acquisition;

(iii) cost of acquisition of sites which are out of project land for settlement of

displaced or adversely affected families;

(iv) cost of development of infrastructure and amenities at resettlement areas;

(v) cost of Rehabilitation and Resettlement as per the Act;

(vi) administrative cost of acquisition of land including both in project site and out of

project area lands;

(vii) administrative cost involved in planning and implementation of Rehabilitation

and Resettlement packages for providing physical rehabilitation and resettlement to

the entitled and interested families, displaced or adversely affected on account of inproject

acquisition of land; and

(viii) Cost of undertaking ‘Social Impact Assessment;’;

Draft for Discussion

(i) the expression “Court” means a principal Civil Court of original jurisdiction;

(j) the expression “Company” means –

(i) a company as defined in section 3 of the Companies Act, 1956 (1 of 1956), other

than a Government company;

(ii) a society registered under the Societies Registration Act, 1860 (21 of 1860), or

under any corresponding law for the time being in force in a State, other than a

society referred to in clause;

(k) the expression “Displaced family” means any family, who on account of acquisition of

land has to be relocated and resettled from the affected area to the resettlement area;

(l) the expression “Family” includes a person, his or her spouse, minor children, minor

brothers, minor sisters dependent on him;

Explanation –An adult of either gender with or without spouse or children or dependents may

be considered as a separate family for the purposes of this Act.

(m) the expression “Holding” means the total land held by a person as an owner, occupant or

tenant or as both;

(n) the expression “Infrastructure Project” shall include,-

(i) any project relating to generation, transmission or supply of electricity;

(ii) construction of roads, highways, defence, bridges, airports, ports, rail systems or

mining activities, educational, sports, health care, tourism, transportation, space

programme and housing for such income groups, as may be specified from time to

time by the appropriate Government;

(iii) water supply project, irrigation project, sanitation and sewerage system; or

(iv) any other public facility as may be notified in this regard by the Central

Government in the Official Gazette;’;

(o) the expression “Land” includes benefits to arise out of land, and things attached to the

earth or permanently fastened to anything attached to the earth;

(p) the expression “Landless” shall have the same meaning as assigned to it in relevant state

laws;

(q) the expression “Land Owner” includes any person who is reflected as the owner of the

land in the land records or any person who is granted Patta rights or is entitled to be granted

Patta rights on the land under any law of the State including assigned lands;

(r) the expression “Local Authority” includes a town planning authority (by whatever name

called) set up under any law for the time being in force;

Draft for Discussion

(s) the expression “Marginal Farmer” means a cultivator with an un-irrigated land holding

up to one hectare or irrigated land holding up to half hectare;

(t) the expression “Notification” means a notification published in the Gazette of India or, as

the case may be, the Gazette of a State;

(u) the expression “Patta” shall have the same meaning as assigned to it in the relevant state

laws;

(v) the expression “Person Interested” means-

(i) all persons claiming an interest in compensation to be made on account of the

acquisition of land under this Act;

(ii) tribals and other traditional forest dwellers, who have lost any traditional rights

recognised under the Scheduled Tribes and Other Traditional Forest Dwellers

(Recognition of Forest Rights) Act, 2006;

(iii) a person interested in an easement affecting the land; and

(iv) persons having tenancy rights under the relevant State laws

(w) the expression “Prescribed” means prescribed by Rules made under this Act;

(x) the expression “Project” means a project for which land is being acquired, irrespective of

the number of persons affected;

(y) the expression “Public Purpose” includes-

(i) the provision of land for strategic purposes relating to naval, military, air force and

armed forces of the Union or any work vital to national security or defence of India or

State police, safety of the people;

(ii) the provision of land for infrastructure, industrialization and urbanization projects

of the appropriate Government, where the benefits largely accrue to the general

public;

(iii) the provision of village or urban sites, acquisition of land for the project affected

people, planned development or improvement of village sites, provision of land for

residential purpose to the poor, government administered educational and health

schemes,

(iv) the provision of land for any other purpose useful to the general public, including

land for companies, for which at least 80 per cent of the project affected people have

given their consent through a prior informed process;

PROVIDED that where a private company after having purchased part of the land

needed for a project, for public purpose, seeks the intervention of the Appropriate

Government to acquire the balance of the land it shall be bound by Rehabilitation and

Draft for Discussion

Resettlement provisions of this Act for the land already acquired through private

negotiations and it shall be bound by all provisions of this Act for the balance area

sought to be acquired.

(v) the provision of land 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 Government, any local

authority or a corporation owned or controlled by the State;’;

Explanation-The word “person” shall include any company or

association or body of individuals, whether incorporated or not;’;

(z) the expression “Requiring Body” means a company, a body corporate, an institution, or

any other organisation for whom land is to be acquired by the appropriate Government, and

includes the Appropriate Government, if the acquisition of land is for such Government

either for its own use or for subsequent transfer of such land in public interest to a company;

body corporate, an institution, or any other organisation, as the case may be, under lease,

licence or through any other mode of transfer of land;

(aa) the expression “Resettlement Area” means an area where the affected families who

have been displaced as a result of land acquisition are resettled by the Appropriate

Government;

(bb) the expression “Small Farmer” means a cultivator with an un-irrigated land holding up

to two hectares or with an irrigated land holding up to one hectare, but more than the

holding of a marginal farmer.

(cc) the following persons shall be deemed person “entitled to act” as and to the extent

hereinafter provided (that is to say)-

trustees for other persons beneficially interested shall be deemed to be the person entitled to

act with reference to any such case, and that to the same extent as the person beneficially

interested could have acted if free from disability;

the guardians of minors and the committees or managers of lunatics shall be deemed

respectively the persons so entitled to act, to the same extent as the minors, lunatics or other

persons of unsound mind themselves, if free from disability, could have acted:

PROVIDED that the provisions of [Order XXXII of the First Schedule to the Code of Civil

Procedure, 1908 (5 of 1908) shall, mutatis mutandis, apply in the case of persons interested

appearing before a Collector or Authority by a next friend, or by a guardian for the case, in

proceedings under this Act; and

(dd) the expression “Website” shall mean an online portal created by the Appropriate

Government to provide a single repository of information presented online and to be accessed

by the public at large and to track the steps in the land acquisition process from Social Impact

Assessment to Rehabilitation and Resettlement.

Draft for Discussion

PART II

DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE

Preliminary Investigation

3. Preparation of Social Impact Assessment

(1) Whenever the Appropriate Government intends to acquire land equal to or more than one

hundred acres for a public purpose, a Social Impact Assessment study shall be carried out in

the affected area in consultation with the Gram Sabha at habitation level or equivalent body

in urban areas, in such manner and within such time as may be prescribed. The Social Impact

Assessment study shall include assessment of;

(a) nature of public interest involved;

(b) estimation of affected families and among them how many are likely to be

displaced;

(d) extent of lands, public and private, houses, settlements and other common

properties likely to be affected by the proposed acquisition;

(e) whether extent of land proposed for acquisition is the absolute bare-minimum

extent needed for the project;

(f) financial, social and environmental costs and benefits;

(g) whether less or non-displacing alternatives not technically or geographically

available;

(h) social and environmental impacts from the project, and the nature and cost of

addressing them and their impact on the project’s overall costs and benefits vis-à-vis

the social and environmental costs(2) While undertaking a Social Impact Assessment

under sub-section (1), the Appropriate Government shall, inter alia, take into

consideration the impact that the project will have on public and community

properties, assets and infrastructure particularly roads, public transport, drainage,

sanitation, sources of drinking water, sources of water for cattle, community ponds,

grazing land, plantations, public utilities, such as post offices, fair price shops, food

storage godowns, electricity supply, health care facilities, schools and educational or

training facilities, anganwadis, children parks, places of worship, land for traditional

tribal institutions, burial and cremation grounds.

(3) The Appropriate Government may specify that the ameliorative measures, which will

need to be undertaken for addressing the said impact for a specific component, may not be

less than what is provided under a scheme or programme, in operation in that area, of the

Central Government or, as the case may be, the State Government.

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4. Public Hearing for Social Impact Assessment

(1) The Appropriate Government shall ensure that a public hearing is held at the affected

area, , after giving adequate publicity about the date, time and venue for the public hearing at

the affected area, to ascertain the views of the affected families to be recorded and included

in the Social Impact Assessment Report;

Furthermore the Appropriate Government shall ensure that the Social Impact assessment

study report is published in the affected area, in the manner prescribed, and uploaded

mandatorily on a website created especially for this purpose.

(2) Wherever Environment Impact Assessment (EIA) is taken up, a copy of the Social Impact

Assessment report shall be made available to the Impact Assessment Agency authorised in

respect of environmental impact assessment by the Central Government in the Ministry of

Environment and Forests

5. Appraisal of Social Impact Assessment Report by an Expert Group

(1) The Appropriate Government shall ensure the Social Impact Assessment report is

subjected to an examination by an independent multi-disciplinary expert group, as may be

constituted;

PROVIDED that any expert group so constituted shall necessarily include the following

persons, namely: –

(a) two non-official social scientist;

(b) two experts on rehabilitation; and

(2) The expert committee shall make specific recommendations on public purpose, whether

the extent of land proposed to be acquired is the absolute bare-minimum extent needed for

the project and whether there are no other less displacing options available

6. Exemption from Social Impact Assessment

Where land is proposed to be acquired invoking the urgency provisions under section 30 of

the Act, the appropriate Government may exempt undertaking of the Social Impact

Assessment study.

7. Constitution of Committee to examine proposals for Land Acquisition and the Social

Impact Assessment Report

(1) Where the acquisition involves any extent of land, the Appropriate Government shall

constitute a Committee under the Chairmanship of the Chief Secretary or officer of

equivalent rank, consisting of the Secretaries of the Departments of Finance, Revenue, Rural

Development, Social Justice, Tribal Welfare, Panchayati Raj and the concerned Departments

and not more than three experts from the relevant fields, to examine proposals for land

acquisition.

(2) The Committee shall ensure that-

(a) there is a legitimate and bona fide public purpose behind the proposed acquisition

which necessitates the acquisition of the land identified;

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(b) this public purpose shall, on a balance of convenience and in the long term, be in

the larger public interest so as to justify the impact as determined by the Social Impact

Assessment where carried out;

acquired;

(d) the Collector of the district, where the acquisition of land is proposed,

has explored the possibilities of utilising waste, degraded, barren lands and that

the agricultural land, especially land under assured irrigation is being acquired only as

a last resort

PROVIDED that that no irrigated multi-crop land will be proposed for acquisition under

any circumstances

(3) The Committee shall examine the report of the Collector and the report given by the

Expert Committee on the Social Impact Assessment and after considering all the reports,

recommend such area for acquisition which may follow the principle of minimum

displacement of people, minimum disturbance to the infrastructure, ecology and minimum

adverse impact on the individuals affected.

(4) The Appropriate Government shall make available the decision of the Committee in the

public domain and also upload the same on the website created for this purpose.

PROVIDED that where land is sought to be acquired in the manner as specified in sub-section

(1)(b) and (1)(c) of Section 1A, the Committee shall also ascertain as to whether the consent

of 80 per cent of the affected families has been obtained in a manner that may be prescribed.

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PART III

NOTIFICATION AND ACQUISITION

8. Appointment of Administrator for Rehabilitation and Resettlement Whenever, it

appears to the Appropriate Government that land in any area is required or likely to be

required for any public purpose, it shall appoint an Administrator for Rehabilitation and

Resettlement as per the provisions of section 31 and on such terms and of such qualifications

as may be prescribed by the Appropriate Government;

9. Publication of Preliminary Notification and Power of Officers thereupon

(1) Whenever, it appears to the Appropriate Government that land in any area is required or

likely to be required for any public purpose, a notification to that effect along with details of

the land to be acquired in rural and urban areas shall be published in the following manner,

namely:-

(i) in the Official Gazette;

(ii) in two daily newspapers circulating in that locality of which one shall be in

regional language;

(iii) on the website of the appropriate Government in public domain;

(iv) by making available for inspection by persons affected, at the tehsil or gram

panchayat or urban local body office;

(v) the Collector shall also cause public notice of the substance of such notification to

be put up at convenient places in the said locality: and

PROVIDED that no notification shall be issued under this section unless the concerned

Gram Sabha at the village level and equivalent forum in Urban Local Bodies, as the

case may be, or Autonomous Councils in the Sixth Schedule Areas have been

consulted in all cases of land acquisition in such areas as per the provisions of all

relevant laws for the time being in force:

PROVIDED FURTHER that where no declaration is made consequent upon the issue of a

notification under sub-section (1) within the time limit of twelve months from the date

of the notification shall be deemed to have lapsed:

PROVIDED ALSO that if that if a Notification under this section is not issued within six

months from the date of appraisal of the Social Impact Assessment report by the

Expert Committee then the same shall be deemed to have lapsed and a fresh Social

Impact Assessment will have to be undertaken prior to acquisition proceedings under

this section.

(2) The Notification shall also contain a Statement on the nature of public purpose involved,

why less displacing alternatives are not feasible and summary of the Social Impact

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Assessment Report and particulars of the Administrator appointed for the purposes of

Rehabilitation and Resettlement under this Act

(3) No person shall make any transaction or cause any transaction of land specified in the

preliminary notification or create any encumbrances on such land from the date of

publication of such notification till such time as the proceedings under this Part are

completed:

PROVIDED that the Collector may, on the application made by the land owner

in respect of the land so notified, exempt in special circumstances to be recorded

in writing, such owner from the operation of this sub-section:

PROVIDED FURTHER that any loss or injury suffered by any person due to his wilful violation

of this provision shall not be made up by the Collector.

(4) After issuance of notice under sub-section (1), the Collector shall,

before the issue of a declaration under section 18, undertake and complete the exercise of

updating of land records as prescribed.

(5) The damages caused while carrying out works on land such as survey, digging or boring

sub-soil, marking boundaries or cutting trenches or clearing away any standing crop, fence or

forest or doing such other acts or things which may cause damages while acting under this

Act and particularly in relation to land which is excluded from acquisition proceeding, shall

be evaluated and compensation shall be paid to the persons having interest in that land, within

six months from the completion of the said works

10. Payment for damage

The officer so authorized under the provisions of this Act shall at the time of such entry pay

or tender payment for any damage caused, and, in case of dispute as to the sufficiency of the

amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector

or other chief revenue officer of the district, and such decision shall be final.

11. Hearing of objections

(1) Any person interested in any land which has been notified under sub-section (1) of section

9, as being needed or likely to be needed for a public purpose, may within sixty days from the

date of the publication of the notification, object to the extent and choice of land proposed to

be acquired, justification offered for public purpose, the findings of the Social Impact

Assessment report;

(2) Every objection under sub-section (1) shall be made to the Collector in writing, and the

Collector shall give the objector an opportunity of being heard in person or by any person

authorized by him in this behalf or by pleader and shall, after hearing all such objections and

after making such further inquiry, if any, as he thinks necessary, either make a report in

respect of the land which has been notified under sub-section (1) of section 9, or make

different reports in respect of different parcels of such land, to the Appropriate Government,

containing his recommendations on the objections, together with the record of the

proceedings held by him along with a separate report giving approximate cost of land

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acquisition, particulars as to the number of affected families likely to be resettled, for the

decision of that Government;

(3) The decision of the Appropriate Government on the objections shall be final.

12. Preparation of Rehabilitation and Resettlement Scheme by the Administrator

(1) Upon the publication of the Preliminary Notification under section 9 by the Collector, the

Administrator for Rehabilitation and Resettlement shall conduct a baseline survey and

undertake a census of the affected families, in a manner as may be prescribed but which shall

include;

(a) affected family wise particulars of lands and immovable properties being acquired,

livelihoods lost in respect of land losers and landless whose livelihoods are primarily

dependent on the lands being acquired;

(b) where resettlement of affected families is involved;-

(i) list of public utilities and Government buildings which are affected or

likely to be affected;

(ii) details of the amenities and infrastructural facilities which are affected or

likely to be affected.

(2) The Administrator Rehabilitation and Resettlement shall, based on the baseline survey

and census as detailed above, prepare Rehabilitation and Resettlement Scheme, as prescribed

which shall include;

(a) affected family wise particulars of Rehabilitation and Resettlement entitlements in

respect of land losers and landless whose livelihoods are primarily dependent on the

lands being acquired and where resettlement of affected families is involved:-

(i) list of Government buildings to be provided in the Resettlement area;

(ii) details of the public amenities and infrastructural facilities which are to be

provided in the resettlement area;

(3) The draft Rehabilitation and Resettlement scheme shall include time frame for

implementing Rehabilitation and Resettlement Scheme;

(4) The draft Rehabilitation and Resettlement scheme shall be made known locally by wide

publicity in the affected area and discussed in the concerned gram sabhas or equivalent body

in the urban area;

(5) A Public hearing shall be conducted as prescribed, after giving adequate publicity about

the date, time and venue for the public hearing at the affected area. Where affected area

involves more than one Gram Panchayat, public hearings shall be conducted in every Gram

Sabha and equivalent forum in urban areas;

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PROVIDED that the consultation with the Gram Sabha in Scheduled Areas under the Fifth

Schedule shall be in accordance with the provisions of the Provisions of the Panchayats

(Extension to the Scheduled Areas) Act, 1996

(6) The Administrator for Rehabilitation and Resettlement shall, on completion of public

hearing submit the Scheme for Rehabilitation and Resettlement along with a specific report

on the claims and objections raised in the public hearing to the Collector.

(7) The Administrator shall cause the approved Rehabilitation and Resettlement Scheme to be

published in the Official Gazette, and make available in the affected areas with a copy of the

same being published on the website

13. Review of the Resettlement and Rehabilitation Scheme

(1) The Collector shall review the Scheme submitted by the Administrator with the

Rehabilitation and Resettlement Committee at the Project level constituted under section 33;

(2) The Collector shall submit the Rehabilitation and Resettlement Scheme with his remarks

to the Commissioner Rehabilitation and Resettlement for approval of the Scheme.

14. Declaration that Land is required for a public purpose and publication of R&R

Summary

(1) When the Appropriate Government is satisfied, after considering the report, if any, made

under sub-section (2) of section 11, that any particular land is needed for a public purpose, a

declaration shall be made to that effect, along with a declaration of an area identified as the

‘resettlement area’ for the purposes of rehabilitation and resettlement of the affected families,

under the signature of a Secretary to such Government or of some officer duly authorized to

certify its orders and different declarations may be made from time to time in respect of

different parcels of any land covered by the same notification irrespective of whether one

report or different reports has or have been made (wherever required);

(2) The Collector shall publish a summary of the Rehabilitation and Resettlement Scheme

along with Draft Declaration.

PROVIDED that no declaration under this sub-section shall be made unless the summary of the

Rehabilitation and Resettlement Scheme is published along with such declaration.

PROVIDED FURTHER that no declaration under this sub-section shall be made unless the

requiring body deposits an amount, in full or part, as may be prescribed by the Appropriate

Government toward the cost of acquisition.

(3) Every declaration shall be published in the Official Gazette and in two daily newspapers

circulating in the locality in which the land is situated of which at least one shall be in the

regional language, and the Collector shall publish the public notice on the website and cause

public notice of the substance of such declaration to be given at convenient places in the said

locality (the last of the dates of such publication and the giving of such public notice, being

hereinafter referred to as the date of the publication of the declaration), and such declaration

shall state the district or other territorial division in which the land is situate, the purpose for

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which it is needed, its approximate area, and where a plan shall have been made of the land,

the place where such plan may be inspected.

(5) The said declaration shall be conclusive evidence that the land is needed for a public

purpose and, after making such declaration, the Appropriate Government may acquire the

land in manner hereinafter appearing.

15. Land to be marked out, measured and planned-

(1) The Collector shall thereupon cause the land (unless it has been already marked our under

section 9) to be marked out. He shall also cause it to be measured, and (if no plan has been

made thereof), a plan to be made of the same;

16. Notice to persons interested

(1) The Collector shall publish the public notice on the website and cause public notice to be

given at convenient places on or near the land to be taken, stating that the Government

intends to take possession of the land, and that claims to compensations and rehabilitation

and resettlement for all interests in such land may be made to him.

Such notice shall state the particulars of the land so needed, and shall require all persons

interested in the land to appear personally or by agent or pleader before the Collector at a

time and place therein mentioned (such time not being earlier than fifteen days after the date

of publication of the notice), and to state the nature of their respective interests in the land

and the amount and particulars of their claims to compensation for such interests, their claims

to rehabilitation and resettlement along with their objections (if any) to the measurements

made under section 15.

The Collector may in any case require such statement to be made in writing and signed by the

party or his agent.

The Collector shall also serve notice to the same effect on the occupier (if any) of such land

and on all such persons known or believed to be interested therein, or to entitled to act for

persons so interested, as reside or have agents authorized to receive service on their behalf,

within the revenue district in which the land is situate.

In case any person so interested resides elsewhere, and has no such agent, the notice shall be

sent to him by post in letter addressed to him at his last known residence, address or place or

business and registered under sections 28 and 29 of the Indian Post Office Act, 1898 (6 of

1898).

17. Power to require and enforce the making of statements as to names and interests

(1) The Collector may also require any such person to make or deliver to him, at a time and

place mentioned (such time not being earlier than fifteen days after the date of the

requisition), a statement containing, so far as may be practicable, the name of every other

person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor,

mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits

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(if any), received or receivable on account thereof for three years next preceding the date of

the statement.

Every person required to make or deliver a statement under this section shall be deemed to be

legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code

(45 of 1860)

18. Enquiry and Land Acquisition Award by Collector

(1) On the day so fixed, or on any other day to which the enquiry has been adjourned, the

Collector shall proceed to enquire into the objections (if any) which any person interested has

stated pursuant to a notice given under section 16, to the measurements made under section

15, and into the value of the land at the date of the publication of the notification, and into

the respective interests of the persons claiming the compensation and rehabilitation and

resettlement, shall make an award under his hand of-

(i) the true area of the land;

(ii) the compensation along with rehabilitation and resettlement scheme as determined

under section 12 and which in his opinion should be allowed for the land; and

(iii) the apportionment of the said compensation among all the persons known or

believed to be interested in the land, or whom, or of whose claims, he has

information, whether or not they have respectively appeared before him:

(2) Notwithstanding anything contained in this Act, in a case where the notification under the

Land Acquisition Act 1894 was issued before the commencement of this Act but the award

under sub-section (1) has not been made before such commencement, the Collector shall

make an award in accordance with the provisions of this Act, within one year from the

commencement of the Act.

19. Period within which an Award shall be made

The Collector shall make an award within a period of two years from the date of the

publication of the declaration under section 9 and if no award is made within

that period, the entire proceedings for the acquisition of the land shall lapse.

20. Determination of market value of land by Collector

(1) The Collector shall adopt the following criteria in assessing and determining the market

value of the land;-

(a) the minimum land value, if any, specified in the Indian Stamp Act, 1899 for the

registration of sale deeds in the area, where the land is situated; or

(b) the average of the sale price for similar type of land situated in the village or

vicinity, ascertained from fifty per cent of the sale deeds registered during the

preceding three years, where higher price has been paid; or

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whichever is higher:

PROVIDED that the market value so calculated shall be multiplied by three in rural areas.

(2) Where the provisions of sub-section (1) are not applicable for the reason that—

(a) the land is situated in such area where the transactions in land are restricted by or

under any other law for the time being in force in that area; or

(b) the registered sale deeds for similar land as mentioned in clause (i) of sub-section

(1) are not available for the preceding three years; or

by the appropriate authority,

the concerned State Government shall specify the floor price per unit area of the said land

based on the average higher prices paid for similar type of land situated in the adjoining areas

or vicinity, ascertained from fifty per cent of the sale deeds registered during the preceding

three years where higher price has been paid, and the Collector shall calculate the value of the

land accordingly.

PROVIDED that the requiring authority, wherever possible, may offer 25 per cent of the

compensation value in shares belonging to the requiring authority or one of its sister

companies

21. Elements of Land Acquisition Award by Collector

(1) The Collector having determined the market value of the land to be acquired shall

calculate the total amount of compensation to be paid to the land owner by including all

assets attached to the land. To this end, the Collector may;

(a) in determining the market value of the building and other immovable property or

assets attached to the land or building which are to be acquired, use the services of a

competent engineer or any other specialist in the relevant field, as may be considered

necessary by the Collector.

(b) for the purpose of determining the value of trees and plants, use the services of

experienced persons in the field of agriculture, forestry, horticulture, sericulture, or

any other field, as may be considered necessary by the Collector.

process of land acquisition proceedings, may utilise the services of experienced

persons in the field of agriculture as he considers necessary.

(2) The Collector having determined the total compensation to be paid, shall, to arrive at the

final award, impose a ‘Solatium’ amount equivalent to 100 per cent of the compensation

amount;

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(3) The Collector shall issue individual awards detailing the particulars of compensation

payable and the details of payment of the compensation as prescribed in Schedule I to this

Act;

22. Rehabilitation and Resettlement Award by Collector

The Collector shall pass Rehabilitation and Resettlement Awards in terms of the mandatory

entitlements provided in the Schedule II of the Act. Every family covered under the

Rehabilitation and Resettlement Award of the Collector shall be given family wise

proceedings indicating;

(a) Rehabilitation and Resettlement amount payable to the family and the bank

account number of the person to which the Rehabilitation and Resettlement award

amount is to be transferred;

(b) Particulars of house site and house to be allotted, in case of displaced families;

(d) Particulars of one time subsistence allowance, transportation allowance in case of

displaced families;

(e) Particulars of payment for Cattle Shed/ petty shops;

(f) Particulars of one-time amount to artisans and small traders;

(g) Details of mandatory employment to be provided to the members of the affected

families;

(h) Particulars of any Fishing rights that may be involved;

(i) Particulars of Annuity and other entitlements to be provided.

(j) Particulars of special provisions for SC’s and ST’s to be provided;

23. Provision of Infrastructural Amenities in the Resettlement Area

Where there are more than one hundred families displaced, then the Collector shall ensure the

provision of all infrastructural and basic amenities as listed in Schedule III of the Act.

24. Corrections to the Awards by the Collector

(1) The Collector may at any time, but not later than six months from the date of award or

where he has been required under the provisions of this Act to make a reference to the

Authority, before the making of such reference, by order, correct any clerical or arithmetical

mistakes in either of the awards or errors arising therein either on his own motion or on the

application of any person interested or local authority

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PROVIDED that no correction which is likely to affect prejudicially any person shall be

made unless such person has been given a reasonable opportunity of making representation in

the matter

(2) The Collector shall give immediate notice of any corrections made in the award so

corrected to all the persons interested

(3) Where any excess amount is proved to have been paid to any person as a result of the

correction made under sub-section (1), the excess amount so paid shall be liable to refunded

and in the case of any default or refusal to pay, the same may be recovered, as prescribed by

the Appropriate Government.

25. Awards of Collector when to be final

(1) The Awards shall be filed in the Collector’s office and shall, except as hereinafter

provided, be final and conclusive evidence, as between the Collector and the persons

interested, whether they have respectively appeared before the Collector or not, of the true

area and market value of the land and the assets attached thereto, and the apportionment of

the compensation among the persons interested.

(2) The Collector shall give immediate notice of his awards to such of the persons interested

as are not present personally or by their representatives when the awards are made.

(3) The Collector shall keep open to the public and display a summary of the entire

proceedings undertaken in a case of acquisition of land including the amount of

compensation awarded to each individual along with details of the land finally acquired under

this Act on the website created for this purpose.

26. Adjournment of enquiry

The Collector may, for any cause he thinks fit, from time to time adjourn the enquiry to a day

to be fixed by him.

27. Power to summon and enforce attendance of witnesses and production of documents

For the purpose of enquiries under this Act the Collector shall have powers to summon and

enforce the attendance of witnesses, including the parties interested of any of them, and to

compel the production of documents by the same means, and (so far as may be) in the same

manner as is provided in the case of a Civil Court under the Code of Civil Procedure 1908 (5

of 1908).

28. Power to call for records, etc.

The Appropriate Government may at any time before the award is made by the Collector

under section 18 call for any record of any proceedings (whether by way of inquiry or

otherwise) for the purpose of satisfying itself as to the legality or propriety of any findings or

order passed or as to the regularity of such proceedings and may pass such order or issue such

direction in relation thereto as it may think fit:

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PROVIDED that the Appropriate Government shall not pass or issue any order or direction

prejudicial to any person without affording such person a reasonable opportunity of being

heard.

29. Power to take Possession

(1) The Collector shall ensure that full payment of compensation as well as rehabilitation and

resettlement entitlements are paid or tendered to the entitled persons within a period of three

months for the compensation and a period of six months for the rehabilitation and

resettlement entitlements commencing from the date of the award under section 18;

(2) The Collector shall be responsible for ensuring that the rehabilitation and resettlement

process is completed in all its aspects;

(3) On the fulfillment of the condition provided in sub-section(1) and (2) above, the Collector

shall take possession of the land acquired, which shall, thereupon, vest absolutely in the

Government, free from all encumbrances.

30. Special powers in case of urgency

(1) In cases of urgency, whenever the Appropriate Government so directs, the Collector,

though no such award has been made, may, on the expiration of fifteen days from the

publication of the notice mentioned in section 9 take possession of any land needed for a

public purpose. Such land shall thereupon vest absolutely in the Government, free from all

encumbrances.

(2) The powers of the Appropriate Government under sub-section (1) shall be restricted to the

minimum area required for the defence of India or national security or for any emergencies

arising out of natural calamities;

PROVIDED that the powers listed under this section shall be used in the rarest of rare cases.

PROVIDED FURTHER that the Collector shall not take possession of any building or part of a

building under this sub-section without giving to the occupier thereof at least forty-eight

hours notice of his intention to do so, or such longer notice as may be reasonably sufficient to

enable such occupier to remove his movable property from such building without

unnecessary inconvenience.

(3) Before taking possession of any land under sub-section (1) or sub-section (2), the

Collector shall tender payment of eighty per cent of the compensation for such land as

estimated by him to the person interested entitled thereto;

(4) In the case of any land to which, in the opinion of the Appropriate Government, the

provisions of sub-section (1), sub-section(2) or sub-section (3) are applicable, the

Appropriate Government may direct that any or all of the provisions of Part II shall not apply,

and, if it does so direct, a declaration may be made under section 18 in respect of the land at

any time after the date of the publication of the notification under section 9, sub-section (1).

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(5) An additional compensation of seventy-five per cent of the market value as determined

under the provisions of this Act, shall be paid by the Collector in respect of land and

property for acquisition of which proceedings have been initiated under sub-section (1) of

this section.

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PART IV

REHABILITATION AND RESETTLEMENT

Institutional Arrangements

31. Administrator for Rehabilitation and Resettlement

(1) Where the Appropriate Government is satisfied that there is likely to be involuntary

displacement of persons due to acquisition of land, then, the State Government shall, by

notification, appoint in respect of that project, an officer not below the rank of Joint Collector

or Additional Collector or Deputy Collector or equivalent official of Revenue Dept to be the

Administrator for Rehabilitation and Resettlement

(2) The Administrator for Rehabilitation and Resettlement shall, with a view to enable him to

function efficiently and to meet the special time-frame, be provided with such powers, duties

and responsibilities as may be prescribed by the Appropriate Government and provided with

office infrastructure and be assisted by such officers and employees who shall be subordinate

to him as the Appropriate Government may decide.

(3) Subject to the superintendence, directions and control of the Appropriate Government and

the Commissioner for Rehabilitation and Resettlement, the formulation, execution and

monitoring of the Rehabilitation and Resettlement Scheme shall vest in the Administrator for

Rehabilitation and Resettlement.

32. Commissioner for Rehabilitation and Resettlement

(1) The State Government shall appoint an officer of the rank of Commissioner or Secretary

of that Government for rehabilitation and resettlement of affected families under this Act, to

be called the Commissioner for Rehabilitation and Resettlement.

(2) The Commissioner shall be responsible for supervising the formulation of rehabilitation

and resettlement schemes or plans and proper implementation of such schemes or plans.

(3) The Commissioner shall be responsible for the post-implementation social audit in

consultation with the village panchayat in rural areas and municipality in urban areas.

33. Rehabilitation and Resettlement Committee at Project Level

(1) Where land proposed to be acquired is equal to or more than one hundred acres, the

Appropriate Government shall constitute a Committee under the chairmanship of the

Collector to be called the Rehabilitation and Resettlement Committee, to monitor and review

the progress of implementation of the Rehabilitation and Resettlement scheme and to carry

out post-implementation social audits in consultation with the village panchayat in rural areas

and municipality in urban areas.

(2) The Rehabilitation and Resettlement Committee shall include, apart from officers of the

Appropriate Government, the following members, namely.-

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(i) a representative of women residing in the affected area;

(ii) a representative each of the Scheduled Castes and the Scheduled Tribes residing in

the affected area;

(iii) a representative of a voluntary organisation working in the area;

(iv) a representative of a nationalised bank;

(v) the Land Acquisition Officer of the project;

(vi) the Chairpersons of the panchayats or municipalities located in the affected area,

or their nominees;

(vii) the Member of Parliament and Member of the Legislative Assembly of the

concerned area;

(viii) a representative of the requiring body; and

(ix) Administrator for Rehabilitation and Resettlement as the Member-Convenor.

(3) The procedure regulating the discharge of the process given in this section and other

matters connected thereto of the Rehabilitation and Resettlement Committee shall be such as

may be prescribed by the State Government.

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PART V

NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT

34. Establishment of National Monitoring Committee for Rehabilitation and

Resettlement:

(1) The Central Government shall constitute a National Monitoring Committee for reviewing

and monitoring the implementation of rehabilitation and resettlement schemes or plans under

this Act.

(2) The Committee may, besides having representation of the concerned Ministries and

Departments of the Central and State Governments, associate with it eminent experts from

the relevant fields.

(3) The procedures to be followed by the Committee and the allowances payable to the

experts shall be such as may be prescribed.

(4) The Central Government shall provide officers and other employees to the Committee

necessary for its efficient functioning.

35. Reporting requirements

The States and Union territories shall provide all the relevant information on the matters

covered under this Act, to the National Monitoring Committee in a regular and timely

manner, and also as and when required.

Draft for Discussion

PART VI

ESTABLISHMENT OF LAND ACQUISITION REHABILITATION AND RESETTLEMENT DISPUTE

SETTLEMENT AUTHORITY FOR STATE AND CENTRE

36. Establishment of State Land Acquisition Rehabilitation and Resettlement Dispute

Settlement Authority

The State Government shall, for the purpose of providing speedy disposal of disputes relating

to land acquisition, compensation, Rehabilitation and Resettlement establish, by notification

in the Official Gazette, an Authority for the State to be known as the (name of the State)

Land Acquisition Dispute Settlement Authority to exercise the jurisdiction, powers and

authority conferred on it by or under this Act with regard to acquisition of land by the State

Government:

Provided that a State Government may constitute more than one Authority or the benches

thereof, for the purposes of this Act, if considers necessary.

(2) The head office of the Authority shall be at such place as the State Government may, by

notification in the Official Gazette, specify.

(3) The Authority shall consist of at least three Members, including the Chairperson to be

appointed by the State Government

(4) The Members of the Authority shall be persons of ability, integrity and standing who have

adequate knowledge of, and have shown capacity in, dealing with the problems relating to

land acquisition matters, public administration, finance, economics and law.

(5) A person shall not be qualified to be a Member of the Authority unless he is or has been

(i) A judge of the High Court of the State;

(ii) An officer of the State Government not below the rank of district collector;

(iii) An officer of the State Government in the Law Department not below the rank of

Director.

(6) The terms and conditions of service shall be those as prescribed from time to time in

Rules framed under this Act by the State Government.

37. Establishment of National Land Acquisition Dispute Settlement Authority

The Central Government shall, for the purpose of providing speedy disposal of disputes

relating to land acquisition, compensation, Rehabilitation and Resettlement establish, by

notification in the Official Gazette, an Authority for the Centre to be known as the National

Land Acquisition Dispute Settlement Authority to exercise the jurisdiction, powers and

authority conferred on it by or under this Act with regard to acquisition of land by the Central

Government:

Provided that the Central Government may constitute more than one Authority or the benches

thereof, for the purposes of this Act, if considers necessary.

Draft for Discussion

(2) The head office of the Authority shall be at such place as the Central Government may, by

notification in the Official Gazette, specify.

(3) The Authority shall consist of at least three Members, including the Chairperson to be

appointed by the Central Government

(4) The Members of the Authority shall be persons of ability, integrity and standing who have

adequate knowledge of, and have shown capacity in, dealing with the problems relating to

land acquisition matters, public administration, finance, economics and law.

(5) A person shall not be qualified to be a Member of the Authority unless he is or has been

(i) A Chief Justice of a High Court/judge of the Supreme Court;

(ii) An officer of the Indian Administrative Service having sufficient knowledge of

land acquisition and has held the post of Collector of a District

(iii) An officer equivalent to that of a Joint Secretary in the Government of India.

(6) The terms and conditions of service shall be those as prescribed from time to time in

Rules framed under this Act by the Central Government.

38. Reference to Authority

(1) Any person interested who has not accepted the award may, by written application to the

Collector, require that the matter be referred by the Collector for the determination of the

State or Central Authority, as the case may be, whether his objection be to the measurement

of the land, the amount of the compensation, the person to whom it is payable, the rights of

Rehabilitation and Resettlement under Part III and IV of this Act or the apportionment of the

compensation among the persons interested.

PROVIDED that the Collector shall, within a period of fifteen days from the date of receipt of

application, make a reference to the appropriate Authority

PROVIDED FURTHER that where the Collector fails to make such reference within the period so

specified, the applicant may apply to the State or Central Authority, as the case may be,

requesting it to direct the Collector to make the reference to it within a period of thirty days

(2) The application shall state the grounds on which objection to the award is taken:

PROVIDED that every such application shall be made

(a) if the person making it was present or represented before the Collector at the time when

he made his award, within six weeks from the date of the Collector’s award;

(b) in other cases, within six weeks of the receipt of the notice from the Collector under

section 16, or within six months from the date of the Collector’s award, whichever period

shall first expire.

PROVIDED FURTHER that the Collector may entertain an application after the expiry of the said

period, within a further period of one year, if he is satisfied that there was sufficient cause for

not filing it within the period specified in the first proviso

Draft for Discussion

39. Collector’s statement to the Authority

(1) In making the reference, the Collector shall state for the information of the Authority, in

writing under his hand;

(a) the situation and extent of the land, with particulars of any trees, buildings or standing

crops thereon;

(b) the names of the persons whom he has reason to think interested in such land;

of compensation awarded under the provisions of this Act;

(d) the amount paid or deposited under any other provisions of this Act; and

(e) if the objection be to the amount of the compensation, the grounds on which the amount

of compensation was determined.

(2) To the said statement shall be attached a schedule giving the particulars of the notices

served upon, and of the statements in writing made or delivered by the parties interested

respectively.

40. Service of notice

The State or Central Authority, as the case may be, shall thereupon cause a notice specifying

the day on which the Authority will proceed to determine the objection, and directing their

appearance before the Authority on that day, to be served on the following persons, namely:

(a) the applicant;

(b) all persons interested in the objection, except such (if any) of them as have

consented without protest to receive payment of the compensation awarded; and

compensation, the Collector.

41. Restriction on scope of proceedings

The scope of the enquiry in every such proceeding shall be restricted to a consideration of the

interest of the persons affected by the objection

42. Proceedings to be in open Court

Every such proceeding shall take place in open Court, and all persons entitled to practice in

any Civil Court in the State shall be entitled to appear, plea and act (as the case may be) in

such proceeding.

Draft for Discussion

43. Determination of Award by the Authority

(1) In determining the amount of compensation to be awarded for land acquired under this

Act, the Authority shall take into considerationfirstly,

the market value and the Award amount in accordance with Schedule I and Schedule

II of the Act;

secondly, the damage sustained by the person interested, by reason of the taking of any

standing crops trees which may be on the land at the time of the Collector's taking possession

thereof;

thirdly, the damage (if any) sustained by the person interested, at the time of the Collector’s

taking possession of the land, by reason of severing such land from his other land;

fourthly, the damage (if any) sustained by the person interested, at the time of the Collector’s

taking possession of the land, by reason of the acquisition injuriously affecting his other

property, movable or immovable, in any other manner, or his earnings;

fifthly, in consequence of the acquisition of the land by the Collector, the person interested is

compelled to change his residence or place of business, the reasonable expenses (if any)

incidental to such change, and

sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land

between the time of the publication of the declaration under section 9 and the time of the

Collector's taking possession of the land.

(2) In addition to the market value of the land, as above provided, the Authority shall in every

case award an amount calculated at the rate of twelve per cent per annum on such market

value for the period commencing on and from the date of the publication of the notification

under section 9 in respect of such land to the date of the award of the Collector or the date of

taking possession of the land, whichever is earlier.

Explanation. - In computing the period referred to in this sub-section, any period or periods

during which the proceedings for the acquisition of the land were held up on account of any

stay or injunction by the order of any Court shall be excluded.

(3) In addition to the market value of the land as above provided, the Authority shall in every

case award a solatium of 100% over the total compensation amount.

44. Forms of awards

(1) Every award under this part shall be in writing signed by the Chairman of the Authority

concerned, and shall specify the amount awarded under clause first of sub-section (1) of

section 43, and also the amounts (if any) respectively awarded under each of the other clauses

of the same sub-section, together with the grounds of awarding each of the said amounts.

Draft for Discussion

(2) Every such award shall be deemed to be a decree and the statement of the grounds of

every such award a judgment within the meaning of section 2 clause (2), and section 2, clause

(9), respectively of the Code of Civil Procedure 1908 (5 of 1908).

45. Costs

(1) Every such award shall also state the amount of costs incurred in the proceeding under

this Part, and by what persons and in what proportions they are to be paid.

(2) When the award of the Collector is not upheld, the cost shall ordinarily be paid by the

Collector, unless the Authority concerned is of the opinion that the claim of the applicant was

so extravagant or that he was so negligent in putting his case before the Collector that some

deduction from his costs should be made or that he should pay a part of the Collector’s costs.

46. Collector may be directed to pay interest on excess compensation

If the sum, which in the opinion of the Authority concerned, the Collector ought to have

awarded as compensation is in excess of the sum which the Collector did award as

compensation, the award of the Authority concerned may direct that the Collector shall pay

interest on such excess at the rate of nine per cent per annum from the date on which he took

possession of the land to the date of payment of such excess into Authority

PROVIDED that the award of the Authority concerned may also direct that where such excess

or any part thereof is paid to the Authority after the date or expiry of a period of one year

from the date on which possession is taken, interest at the rate of fifteen per cent per annum

shall be payable from the date of expiry of the said period of one year on the amount of such

excess or part thereof which has not been paid into Authority before the date of such expiry

47. Re-determination of the amount of compensation on the basis of the award of the

Authority

(1) where in an award under this part, the Authority concerned allows to the applicant any

amount of compensation in excess of the amount awarded by the Collector under section 18,

the persons interested in all the other land covered by the same notification under section 9,

and who are also aggrieved by the award of the Collector may, notwithstanding that they had

not made an application to the Collector, by written application to the Collector within three

months from the date of the award of the Authority concerned require that the amount of

compensation payable to them may be re-determined on the basis of the amount of

compensation awarded by the Authority:

PROVIDED that in computing the period of three months within which an application to the

Collector shall be made under this sub-section, the day on which the award was pronounced

and the time requisite for obtaining a copy of the award shall be excluded.

(2) The Collector shall, on receipt of an application under sub-section (1), conduct an inquiry

after giving notice to all the persons interested and giving them a reasonable opportunity of

being heard, and make an award determining the amount of compensation payable to the

applicants.

Draft for Discussion

(3) Any person who has not accepted the award under sub-section (2) may, by written

application to the Collector, required that the matter be referred by the Collector for the

determination of the Authority concerned.

Draft for Discussion

PART VII

APPORTIONMENT OF COMPENSATION

48. Particulars of apportionment to be specified

When there are several persons interested, if such persons agree in the apportionment of the

compensation, the particulars of such apportionment shall be specified in the award, and as

between such persons the award shall be conclusive evidence of the correctness of the

apportionment

49. Dispute as to apportionment

When the amount of compensation has been settled, if any dispute arises as to the

apportionment of the same or any part thereof, or as to the persons to whom the same or any

part thereof is payable, the Collector may refer such disputes to the State or Central

Authority, as the case may be.

Draft for Discussion

PART VIII

PAYMENT

50. Payment of Compensation or deposit of same in Court

(1) On making an award under section 18, the Collector shall tender payment of the

compensation awarded by him to the persons interested entitled thereto according to the

award and shall pay it to them by depositing the amount in their bank accounts unless

prevented by some one or more of the contingencies mentioned in the next sub-section.

(2) If they shall not consent to receive it, or if there be no person competent to alienate the

land, or if there be any dispute as to the title to receive the compensation or as to the

apportionment of it, the Collector shall deposit the amount of the compensation in the

Authority to which a reference under section 38 would be submitted:

PROVIDED that any person admitted to be interested may receive such payment under protest

as to the sufficiency of the amount:

PROVIDED FURTHER that no person who has received the amount otherwise than under protest

shall be entitled to make any application under section 38:

PROVIDED ALSO that nothing herein contained shall affect the liability of any person, who

may receive the whole or any part of any compensation awarded under this Act, to pay the

same to the person lawfully entitled thereto.

51. Investment of money deposited in respect of lands belonging to person incompetent

to alienate

(1) If any money shall be deposited in the Authority concerned under sub-section (2) of the

last preceding section and it appears that the land in respect whereof the same was awarded

belonged to any person who had no power to alienate the same, the Authority concerned

shall-

(a) order the money to be invested in the purchase of other lands to be held under the

like title and conditions of ownership as the land in respect of which such money shall

have been deposited was held, or

(b) if such purchase cannot be effected forthwith, then in such Government of other

approved securities as the Authority concerned shall think fit;

and shall direct the payment of the interest or other proceeds arising from such investment to

the person or persons who would for the time being have been entitled to the possession of

the said land, and such moneys shall remain so deposited and invested until the same be

applied-

(i) in the purchase of such other lands as aforesaid; or

(ii) in payment to any person or persons becoming absolutely entitled thereto.

Draft for Discussion

(2) In all cases of money deposited to which this section applies the Authority concerned

shall order the costs of the following matters, including therein all reasonable charge and

expenses incident thereon, to be paid by the Collector, namely: -

(a) the costs of such investments as aforesaid;

(b) the costs of the orders for the payment of the interest or other proceeds of the

securities upon which such moneys are for the time being invested, and for the

payment out of the Authority concerned of the principal of such moneys, and of all

proceedings relating thereto, except such as may be occasioned by litigation between

adverse claimants.

52. Investment of money deposited in other cases

When any money shall have been deposited in the Authority concerned under this Act for any

cause other than mentioned in the last preceeding section, the Authority may, on the

application of any party interested or claiming an interest in such money, order the same to be

invested in such Government or other approved securities as it may think proper, and paid in

such manner as it may consider will give the parties interested therein the same benefit the

reform as they might have had from the land in respect whereof such money shall have been

deposited or as near thereto as may be.

53. Payment of interest

When the amount of such compensation is not paid or deposited on or before taking

possession of the land, the Collector shall pay the amount awarded with interest thereon at the

rate of nine per cent per annum from the time of so taking possession until it shall have been

so paid or deposited:

PROVIDED that if such compensation or any part thereof is not paid or deposited within a

period of one year from the date on which possession is taken, interest at the rate of fifteen

per cent per annum shall be payable from the date or expiry of the said period of one year on

the amount of compensation or part thereof which has not been paid or deposited before the

date of such expiry.

Draft for Discussion

PART IX

TEMPORARY OCCUPATION OF LAND

54. Temporary occupation of waste or arable land, procedure when difference as to

compensation exists

(1) Whenever it appears to the Appropriate Government that the temporary occupation and

use of any waste or arable land are needed for any public purpose, or for a Company, the

Appropriate Government may direct the Collector to procure the occupation and use of the

same for such terms as it shall think fit, not exceeding three years from the commencement of

such occupation.

(2) The Collector shall thereupon give notice in writing to the person interested in such land

of the purpose for which the same is needed, and shall, for the occupation and use thereof for

such term as aforesaid, and for the materials (if any) to be taken there from, pay to them such

compensation, either in a gross sum of money, or by monthly or other periodical payments, as

shall be agreed upon in writing between him and such persons respectively.

(3) In case the Collector and the persons interested differ as to the sufficiency of the

compensation or apportionment thereof, the State or Central Authority, as the case may be,

shall refer such difference to the decision of the Court.

55. Power to enter and take possession and compensation on restoration

(1) On payment of such compensation, or on executing such agreement, or on making a

reference under section 54, the Collector may enter upon and take possession of the land, and

use or permit the use thereof in accordance with the terms of the said notice.

(2) On the expiration of the term, the Collector shall make or tender to the persons interested

compensation for the damage (if any) done to the land and not provided for by the agreement,

and shall restore the land to the persons interested therein:

PROVIDED that, if the land has become permanently unfit to be used for the purpose for which

it was used immediately before the commencement of such term, and if the persons interested

shall so require, the appropriate Government shall proceed under this Act to acquire the land

as if it was needed permanently for a public purpose or for a Company.

56. Difference as to condition of land

In case the Collector and persons interested differ as to the condition of the land at the

expiration of the term, or as to any matter connected with the said agreement, the Collector

shall refer such difference to the decision of the Authority concerned.

Draft for Discussion

PART X

MISCELLANEOUS

57. Service of Notices

(1) Service of any notice under this Act shall be made by delivering or tendering a copy

thereof signed, in the case of a notice, by the officer therein mentioned, and, in the case of

any other notice, by order of the Collector or the Judge.

(2) Whenever it may be practicable, the service of the notice shall be made on the person

therein named.

(3) When such person cannot be found, the service may be made on any adult member of his

family residing with him; and, if no such adult member can be found, the notice may be

served by fixing the copy on the outer door of the house in which the person therein named

ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous

place in the office of the officer aforesaid or of the Collector or in the court-house, and also in

some conspicuous part of the land to be acquired :

PROVIDED that, if the Collector or Judge shall so direct, a notice may be sent by post, in a

letter addressed to the person named therein at his last known residence, address or place of

business and 6[registered under sections 28 and 29 of the Indian Post Office Act, 1898 (6 of

1898), and service of it may be proved by the production of the addressee's receipt.

58. Punishment for false information, mala fide action, etc

(1) If a person, in connection with a requirement or direction under this Act, provides any

information or produces any document that the person knows is false or misleading, he shall

be liable to be punished with imprisonment of either description for a term which may extend

to one month, or with fine which may extend to one lakh rupees, or with both.

(2) Any rehabilitation and resettlement benefit availed of by making a false claim or through

fraudulent means shall be liable to be recovered by the appropriate authority.

(3) Disciplinary proceedings may be drawn up by the disciplinary authority against a

Government servant, who if proved to be guilty of a mala fide action in respect of any

provision of this Act, shall be liable to such punishment including a fine as the disciplinary

authority may decide.

59. Penalty for obstructing acquisition of land

Whoever willfully obstructs any person in doing any of the acts authorized by section 9 or

section 15, or willfully fills up, destroys, damages or displaces any trench or mark made

under section 15, shall, on conviction before a Magistrate, be liable to imprisonment for any

term not exceeding one month, or to fine not exceeding five hundred rupees, or to both.

Draft for Discussion

60. Magistrate to enforce surrender

If the Collector is opposed or impeded in taking possession under this Act of any land, he

shall, if a Magistrate, enforce the surrender of the land to himself, and if not a Magistrate, he

shall apply to a Magistrate or (within the towns of Calcutta, Madras and Bombay) to the

Commissioner of Police, and such Magistrate or Commissioner (as the case may be) shall

enforce the surrender of the land to the Collector.

61. Completion of acquisition not compulsory, but compensation to be awarded when

not completed

(1) The Appropriate Government shall be at liberty to withdraw from the acquisition of any

land of which possession has not been taken.

(2) Whenever the Government withdraws from any such acquisition, the Collector shall

determine the amount of compensation due for the damage suffered by the owner in

consequence of the notice or of any proceedings there under, and shall pay such amount to

the person interested, together with all costs reasonably incurred by him in the prosecution of

the proceedings under this Act relating to the said land.

62. Acquisition of part of house or building

(1) The provisions of this Act shall not be put in force for the purpose of acquiring a part only

of any house, manufactory or other building, if the owner desires that the whole of such

house, manufactory or building shall be so acquired:

Provided also that, if any question shall arise as to whether any land proposed to be taken

under this Act does or does not form part of a house, manufactory or building within the

meaning of this section, the Collector shall refer the determination of such question to the

Authority concerned and shall not be take possession of such land until after the question has

been determined.

In deciding on such a reference the Authority concerned shall have regard to the question

whether the land proposed to be taken, is reasonably required for the full and unimpaired use

of the house, manufactory or building.

(2) If, in the case of any claim under this Act, by a person interested, on account of the

severing of the land to be acquired from his other land, the Appropriate Government is of

opinion that the claim is unreasonable or excessive, it may, at any time before the Collector

has made his award, order the acquisition of the whole of the land of which the land first

sought to be acquired forms a part.

(3) In the case last hereinbefore provided for, no fresh declaration or other proceedings under

sections 9 to 18, both inclusive, shall be necessary; but the Collector shall without delay

furnish a copy of the order of the Appropriate Government to the person interested, and shall

thereafter proceed to make his award under section 18.

Draft for Discussion

63. Acquisition of land at cost of a local authority of Company

(1) Where the provisions of this Act are put in force for the purpose of acquiring land at the

cost of any fund controlled or managed by a local authority or of any Company, the charges

of and incidental to such acquisition shall be defrayed from or by such fund or company.

(2) In any proceeding held before a Collector or Authority concerned in such cases the local

authority or Company concerned may appear and adduce evidence for the purpose of

determining the amount of compensation.

Provided that no such local authority or Company shall be entitled to demand a reference to

the Authority concerned under section 38.

64. Exemption from stamp duty and fees

No award or agreement made under this Act shall be chargeable with stamp duty, and no

person claiming under any such award or agreement shall be liable to pay any fee for a copy

of the same.

65. Acceptance of certified copy as evidence

In any proceeding under this Act, a certified copy of a document registered under the

Regulation Act, 1908 (16 of 1908), including a copy given under section 57 of that Act, may

be accepted as evidence of the transaction recorded in such document.

66. Notice in case of suits for anything done in pursuance of Act

No suit or other proceeding shall be commenced or prosecuted against any person for

anything done in pursuance of this Act, without giving to such person a month’s previous

notice in writing of the intended proceeding, and of the cause thereof, nor after tender of

sufficient amendments.

67. Code of Civil Procedure to apply to proceedings before Authority

Save in so far as they may be inconsistent with anything contained in this Act, the provisions

of the Code of Civil Procedure, 1908 (5 of 1908), shall apply to all proceedings before the

Authority under this Act.

68. Appeals in proceedings before Court

Subject to the provisions of the Code of Civil Procedure, 1908 (5 of 1908), applicable to

appeals from original decrees, and notwithstanding anything to the contrary in any enactment

for the time being in force, an appeal shall only lie in any proceedings under this Act to the

High Court from the award, or from any part of the award, of the Authority and from any

decree of the High Court passed on such appeal as aforesaid an appeal shall lie to the

Supreme Court and from any order or award of the Central Authority an appeal shall lie to

the Supreme Court subject to the provisions contained in section 110 of the Code of Civil

Procedure, 1908, and in Order XLV thereof.

Draft for Discussion

69. Return of Unutilised Land

(1) The land acquired under this Act shall not be transferred to any other purpose except for a

public purpose, and after obtaining the prior approval of the Appropriate Government, and

any change in purpose made in violation of this provision shall be void and shall render such

land and structures attached to it liable to be reverted to the land owner.

(2) When any land or part thereof, acquired under this Act remains unutilised for a period of

five years from the date of taking over the possession, the same shall return to the land owner

by reversion;

(3) The Appropriate Government shall return the unutilized land or part thereof, as the case

may be, to the original owner of the land from whom it was acquired subject to the refund of

one fourth of the amount of compensation paid to him along with the interest on such amount

at such rate, as may be specified by the Appropriate Government, from the date of payment

of compensation to him till the refund of such amount; and

(4) The person to whom the land is returned being the owner of the land shall be entitled to

all such title and rights in relation to such land from which he has been divested on the

acquisition of such land.

70. 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, twenty per cent of the difference in the acquisition cost and the consideration

received, which in no case shall be less than the acquisition cost, duly adjusting for

development cost 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, and for the purpose, a

separate fund may be maintained which shall be administered by the Collector in such

manner as may be prescribed.

PROVIDED that this section shall be applicable on each transaction where ownership of the

land or part thereof is transferred within a period of ten years from the date of award.

71. Provisions to be in addition to existing laws

The provisions of this law are in addition to and not in derogation of, any other law for the

time being in force.

72. Power to make rules

(1) The Appropriate Government shall have power to make rules consistent with this Act for

the guidance of officers in all matters connected with its enforcement, and may from time to

time alter and add to the rules so made:

PROVIDED that every such rule made by the Central Government 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

Draft for Discussion

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.

PROVIDED FURTHER that every such rule made by the State Government shall be laid, as soon

as may be after it is made, before the State Legislature.

(2) The power to make, alter and add to rules under sub-section (1) shall be subject to the

conditions of the rules, being made, altered or added to after previous publication.

(3) All such rules, alterations and additions shall be published in the Official Gazette, and

shall thereupon have the force of law.

73. Act to have overriding effect

The provisions of this Act, shall have effect notwithstanding anything inconsistent contained

in any other law for the time being in force or in any instrument having effect by virtue of

any law other than this law.

74. Savings and Repeal Clause

(1) The Land Acquisition Act 1894 as amended from time to time is hereby repealed

(2)Notwithstanding such repeal, anything done or action taken under the said Act shall be

deemed to have been done or taken under the corresponding provisions of this Act

SCHEDULE I

Compensation for Land owners

The Following elements shall constitute the minimum Compensation Package to be given

to those whose land is acquired under the provisions of this Act:

1. Market value of the land: As determined under Section 20 of the Act to be multiplied

by three in rural areas;

2. Value of the assets attached to land: All assets attached to the land including

buildings/trees/wells/crops etc valued by Collector, as determined under section 21 of the

Act.

PROVIDED that the combined value of items (1) and (2) above shall be taken to be the

compensation amount;’;

3. Solatium: A solatium amount of 100% on total compensation.

The total of all the items listed above shall be taken to be the Final Award towards

compensation for land acquisition

SCHEDULE II

List 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 Schedule I

1. Provision of Housing Units in case of displacement

(1) Any affected family owning house and whose house has been acquired shall be

provided with a house, without requiring him to pay the price for such house, in an extent

of a minimum of 150 square metre of plinth area in rural areas or, as the case may be, 50

square metre of plinth area in urban areas.

(2) 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, shall be provided with a house with a house, without requiring him to pay the price

for such house, in an extent of a minimum of 150 square metre of plinth area in rural

areas or, as the case may be, 50 square metre of plinth area in urban areas.

PROVIDED that any such family which opts not to take the house offered, shall get a onetime

financial assistance for house construction, which shall not be less than Rs 1.50

lakhs

Explanation.-The houses in urban areas may, if necessary, be provided in multi-storied

building complexes.

PROVIDED FURTHER that no family affected by acquisition shall be given more than one

house under the provisions of this Act

2. Land for Land

In the case of Irrigation project, 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 those losing land and belonging to the Scheduled Tribes shall be given

land in every project.

PROVIDED FURTHER that where the land is acquired for urbanization purposes, 20 per cent

of the developed land will be reserved and offered to land owners, in proportion to their

land acquired.

iii

3. Annuity Policies

The Appropriate Government shall, at their cost, arrange for annuity policies that will pay

an annuity of two thousand rupees per month, indexed to Consumer Price Index;

4. Subsistence Grant for displaced families for a period of one year

Each affected family which is displaced 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, Scheduled Tribes displaced from Scheduled areas shall

receive an amount equivalent to fifty thousand rupees.

5. 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.

6. 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 prescribe subject to a

minimum of twenty five thousand rupees for construction of cattle shed or petty shop as

the case may be.

7. One time grant to Artisan’s etc.

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 prescribe subject to a minimum of twentyfive

thousand rupees.

8. Provision of Mandatory Employment

In case of a project involving land acquisition on behalf of a requiring body-

(1) The requiring body shall give mandatory employment to at least one member per

affected family in the project or arrange for a job in such other project as may be

required;

(2) Wherever necessary, the requiring body shall arrange for training of the affected

persons, so as to enable such persons to take on suitable jobs;

(3) the requiring body shall offer scholarships and other skill development

opportunities to eligible persons from the affected families, as per such criteria as

may be fixed by the appropriate Government.

PROVIDED that where the Employer fails to provide regular employment for one member

of the affected family, Appropriate Government shall pay to the affected family a sum of

rupees two lakhs in lieu of such employment.

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. Miscellaneous

(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.

12. Registration fee and the Titles

(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.

13. Special Provisions for Schedule Tribes:

(1) In case of a project involving land acquisition on behalf of a requiring body which

involves involuntary displacement of one hundred or more Scheduled Tribes families,

a Tribal Development Plan shall be prepared, in such form as may be prescribed,

laying down the details of procedure for settling land rights due but not settled and

restoring titles of tribals on alienated land by undertaking a special drive together

with land acquisition.

(2) The Tribal Development Plan shall also contain a programme for development of

alternate fuel, fodder and non-timber forest produce resources on non-forest lands

within a period of five years sufficient to meet the requirements of tribal

communities.

(3) The concerned Gram Sabha or the Panchayats at the appropriate level in the

Scheduled Areas under the Fifth Schedule or, as the case may be, Councils in the

Sixth Schedule Areas shall be consulted in all cases of land acquisition in such areas,

including acquisition under the urgency clause, before issue of a notification under

the Act, or any other Act of the Union or a State for the time being in force as per the

Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 and other

relevant laws.

(4) In case of land being acquired from members of the Scheduled Tribes, at least

one-third of the compensation amount due shall be paid to the affected families at the

outset as first instalment and the rest shall precede the taking over of the possession

of the land.

(5) The Scheduled Tribes affected families shall be resettled preferably in the same

Schedule Area in a compact block, so that they can retain their ethnic, linguistic and

cultural identity.

(6) The resettlement areas predominantly inhabited by the Scheduled Tribes shall get

land, to such extent as may be decided by the appropriate Government, free of cost

for community and social gatherings.

(7) In case of a project involving land acquisition on behalf of a requiring body, the

Scheduled Tribes affected families resettled out of the district will get twenty-five per

cent higher monetary benefits under Rehabilitation And Resettlement scheme.

(8) Any alienation of tribal lands in disregard of the laws and regulations for the time

being in force shall be treated as null and void; and in the case of acquisition of such

lands, the rehabilitation and resettlement benefits shall be available to the original

tribal land-owners.

(9) The affected Scheduled Tribes, other traditional forest dwellers and the Scheduled

Castes families having fishing rights in a river or pond or dam in the affected area

shall be given fishing rights in the reservoir area of the irrigation or hydel projects.

(10) That where the affected Scheduled Tribes are relocated outside of the district

then they shall be paid an additional 25 per cent R&R benefits to which they are

entitled in monetary terms along with a one time entitlement of fifty thousand rupees.

14. Reservation Benefits

All benefits, including the reservation benefits available to the Scheduled Tribes and

the Scheduled Castes, available to the affected families in the affected areas, shall

continue in the resettlement area.

vii

SCHEDULE III

Provision of Infrastructural Amenities

For resettlement of populations, the following infrastructural facilities and basic

minimum amenities are to be provided at the cost of 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:

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 and/or cremation ground, depending on the caste- communities at the site and

their practices;

13. Facilities for sanitation, including individual toilet points;

viii

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 Right to Education Act;

17. Sub health centre within two kilometre range;

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

19. Playground for children;

20. One community centre for every 100 families;

21. Places of worship and chowpal/ tree platform for every 50 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 traditional

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.

**Haider Ajaz

To get its pdf copy kindly post your email id in the comment.

Be Rigid On Your Decision

Jai Hind Jai Bharat

Wednesday, September 7, 2011

THE DRAFT NATIONAL LAND ACQUISITION AND REHABILITATION & RESETTLEMENT BILL, 2011 (** see note at the end of post)

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