CONTENTS Amendments made by the Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2014 I-5 Table showing sections of Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement Act, 2013 & corresponding provisions of Land Acqisition Act, 1894 I-25 Table showing sections of Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement Act, 2013 & corresponding provisions of the Rajasthan Land Acqisition Bill (Draft) I-35 Table showing sections of Land Acqisition Act, 1894 not covered in Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement Act, 2013 I-45 New Land Acqisition Law at a glance I-46 Land Acqisition Process in brief I-51 Time lines I-53 Package for land/property owners whose land or property is acqired I-58 DIVISION ONE GUIDE TO RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION & RESETTLEMENT ACT, 2013 1 INTRODUCTION 1.1 The Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement Act, 2013 3 I-11
CONTENTS I-12 1.2 Need for New Land Acqisition Law 4 1.2-1 Effective date 5 1.2A Repeal and Saving - Section 114 5 1.3 Territorial extent of the LARR Act, 2013 6 1.4 The Amendment Ordinance, 2014 6 1.4-1 Amendments to remove drafting errors/ambigities 6 1.4-2 Acqisition of land for private hospitals and private edcational instittions shall be acqisition for pblic prposes 7 1.4-3 Exemption to land acqisition for certain projects from the rigors of Chapter II (Social Impact Assessment), Chapter III (Special provisions to safegard food secrity and mandatory consent from 80% or 70% of affected families 7 1.4-4 Exclsion of time for the prposes of section 24 8 1.4-5 Offences nder the Act by Government officials 9 1.4-6 Compensation and R&R provisions in the First, Second and Third Schedles of Act to apply to enactments relating to land acqisition specified in the Forth Schedle w.e.f. 1-1-2015 9 1.4-7 Power to Remove difficlties nder section 113 can now be exercise within 5 years of the Commencement of the Act by the Central Government 9 1.4-8 Retrn of ntilized land [Section 101] 10 1.5 Rles notified nder the LARR Act, 2013 10 1.6 The Rajasthan Land Acqisition Bill, 2014 10 2 RETROSPECTIVE APPLICABILITY TO PROCEEDINGS INITIATED UNDER THE 1894 ACT 2.1 Retrospective applicability of LARR Act, 2013 to proceedings initiated nder the 1894 Act 13 2.2 Administrative instrctions or circlars clarifying section 24 issed by State Governments 14 2.3 Solicitor general s legal opinion dated 28-12-2013 on the LARR Act, 2013 17
I-13 CONTENTS 2.4 Distinction between section 24(1)(a) and section 24(2) 19 2.5 Section 24(2) and the first proviso thereto as interpreted by corts 22 2.5-1 Exclsion of period of stay or injnction granted by corts in compting the period of 5 years referred to in section 24(2) 22 2.5-2 Meaning of the word paid 25 2.5-3 Applicability of the first proviso to section 24(2) 25 3 LAND ACQUISITIONS UNDER SPECIAL ACTS 3.1 Applicability of the act to land acqisitions nder specified Acts 27 3.1-1 Enactments specified in the Forth Schedle 28 3.1-2 The power of the Central Government to amend the Forth Schedle 29 3.2 Act applicable to land acqisitions nder SEZ Act, 2005 29 3.3 Act applicable to land acqisitions nder Cantonments Act, 2006 29 3.4 Act applicable to land acqisitions nder Works of Defence Act, 1903 29 4 NEW CONCEPTS UNDER THE LARR ACT, 2013 4.1 Land bank 31 4.2 Option of the appropriate Govt. to take the land on lease 31 4.3 Rehabilitation and Resettlement (R&R) provisions 32 4.4 Mandatory social impact assessment stdy 32 4.4-1 Draft Rajasthan Land Acqisition Bill 33 4.5 No change of prpose 34 4.6 40% of appreciation to be shared with original land owners where acqired land sold withot development 34 4.7 Option to affected families to avail better compensation and rehabilitation and resettlement nder State law or policy 34
CONTENTS I-14 5 IMPORTANT DEFINITIONS 5.1 Affected Family 36 5.1-1 Family, connotation of 37 5.2 Agricltral land 37 5.3 Cost of acqisition 37 5.4 Appropriate Government 38 5.5 Displaced family 40 5.5-1 Affected area 40 5.5-2 Resettlement area 40 5.6 Company 40 5.7 Entitled to Act 41 5.8 Holding of land 41 5.9 Infrastrctre project 41 5.10 Land 41 5.11 Landless 42 5.12 Land owner 42 5.13 Local athority 42 5.14 Marginal farmer 43 5.15 Private entity 43 5.15-1 Private entity covers all private sector enterprises 43 5.15-2 Private entity covers NGOs/NPOs 43 5.15-3 Other entity nder any other law for the time being in force 44 5.16 Person interested 44 5.17 Project 45 5.18 Pblic prpose 45 5.19 Reqiring body 45 5.20 Small farmer 46 5.21 Schedled areas 46
I-15 CONTENTS 6 APPLICATION OF THE PROVISIONS OF THE LARR ACT TO LAND ACQUISITIONS 6.1 Classification of acqisitions & provisions for determining applicability of provisions of the Act to varios acqisitions 47 6.1-1 Draft Rajasthan Land Acqisition Bill 49 6.2 Application of the provisions of the Act to acqisitions by appropriate Govt. for own/psu se for pblic prpose 50 6.2-1 Definition of Pblic Prpose 50 6.2-2 Provisions of the Act which are applicable to acqisitions by appropriate Govt. for own/ PSU se for pblic prpose 53 6.3 Application of the provisions to acqisitions by appropriate Govt. for PPP Projects 53 6.3-1 Provisions of the Act which are applicable to acqisitions by appropriate Govt. for PPP projects for pblic prpose 55 6.4 Application of the provisions of the Act to acqisitions by appropriate Govt. for private entities for pblic prpose 56 6.4-1 Provisions of the Act which are applicable to acqisitions by appropriate Govt. for private entities for pblic prpose 56 6.5 Prescribed manner of obtaining consent of affected persons & gram sabha for acqisitions for PPP Projects and Projects by private entities 57 6.6 Application of the provisions of the Act to prchase by private entities throgh private negotiation with owner 63 6.7 Application of the provisions of the Act where private entity reqests appropriate Govt. for partial acqisition 64 7 SAFEGUARDS AGAINST INDISCRIMINATE LAND ACQUISITION 7.1 Mlti-cropped irrigated land not to be acqired except as last resort 65
CONTENTS I-16 7.1-1 Above provisions not applicable to land acqisition for linear projects 65 7.1-2 Power of appropriate Government to exempt certain projects [New section 10A] 66 7.2 Acqisition of agricltral land other than mlti-cropped irrigated land not to exceed prescribed % of net sown area 66 7.2-1 Above provisions not applicable to land acqisition for linear projects 66 7.2-2 Power of appropriate Government to exempt certain projects [New section 10A] 67 7.3 Acqisition of land in schedled areas only as demonstrable last resort 67 7.4 What appropriate Govt. mst ensre while examining all land acqisition proposals 67 7.5 Retrn of nsed land to land bank 67 7.6 No change of prpose 68 7.7 40% of appreciation to be shared with land owners where land sold withot development 68 7.8 Provisions of Draft Rajasthan Land Acqisition Bill, 2014 68 8 LAND ACQUISITION PROVISIONS 8.0 Land Acqisition (LA) Provisions 69 8.0-1 Power of appropriate Government to exempt certain projects from LA provisions of Chapter II and Chapter III 70 8.0-2 Draft Rajasthan Land Acqisition Bill 70 8.1 Mandatory consltation & social impact assessment 71 8.1-1 Social Impact Assessment - Concept 72 8.1-2 Exemption from SIA 73 8.1-3 SIA not a sbstitte for EIA 73 8.1-4 EIA not a sbstitte for SIA 73 8.1-5 SIA is a time-bond exercise 74 8.2 Process of consltation and SIA 74 8.2-1 Pblicising the notification for consltation and SIA 77
I-17 CONTENTS 8.2-2 Adeqate representation in the SIA stdy 78 8.2-3 Pblic hearing for SIA 78 8.2-4 Matters to be inclded in the SIA stdy 79 8.2-5 Varios components on which impact is to be considered 82 8.3 Otpt of the SIA exercise - SIA stdy report and Social Impact Management Plan (SIMP) 83 8.3-1 Contents of Social Impact Assessment Report 84 8.3-2 Social Impact Management Plan 90 8.4 Pblication of SIA stdy report and SIMP 90 8.5 Appraisal of SIA report by an expert grop 91 8.5-1 Where expert grop recommends that the project be abandoned 91 8.5-2 Where expert grop recommends that the project be proceeded with and land be acqired 92 8.6 Pblication of recommendations of expert grop 93 8.7 Decision by appropriate Government after examination of land acqisition proposal and expert grop report on SIA 93 8.8 Pblication of preliminary notification 95 8.8-1 Contents of preliminary notification 96 8.8-2 Manner of pblication of preliminary notification 97 8.8-3 Informing instittions of local self-government and Gram Sabhas at a meeting especially called for this prpose 97 8.8-4 No transactions or encmbrances after preliminary notification 97 8.8-5 Updation of land records by collector 98 8.8-6 Validity period of preliminary notification - 12 months 98 8.8-7 Preliminary srvey of land and power of officers to carry ot srvey 98 8.9 Right of persons interested in any land covered nder preliminary notification to object within 60 days 100 8.10 Preparation of rehabilitation and resettlement scheme by the administrator 101 8.11 Review of the R&R scheme by the collector 102
CONTENTS I-18 8.12 Sbmission of draft R&R by collector with his sggestions to Commissioner (R&R) 103 8.13 Commissioner (R&R) to make pblic approved R&R Scheme 103 8.14 Pblication of declaration and smmary of R&R 103 8.15 Land to be marked ot, measred and planned inclding marking of specific areas 107 8.16 Notice to persons interested to make claims for compensation/r&r 107 8.16-1 Power to reqire and enforce the making of statements as to names and interests 108 8.17 Enqiry and land acqisition award by collector 108 8.17-1 Period within which an award shall be made 109 8.17-2 Corrections to awards by collector 110 8.17-3 Power to call for records, etc. 111 8.17-4 Awards of collector when to be final 111 8.18 Power to take possession of land to be acqired 112 8.18-1 Magistrate to enforce srrender 113 8.19 Urgency clase - Special powers in case of rgency to acqire land in certain cases 113 8.20 Completion of acqisition not complsory, bt compensation to be awarded when not completed 114 8.21 Acqisition of part of hose or bilding 114 8.22 Acqisition of land at cost of a local athority or reqiring body 115 8.23 No change of prpose to be allowed 115 9 COMPENSATION PROVISIONS 9.1 Compensation provisions 116 9.2 The first schedle provisions as to compensation 116 9.2-1 Applicability of provisions to Rajasthan 118 9.3 Determination of market vale of land by collector 121 9.3-1 Average sales price 121 9.3-2 Where market vale cannot be determined 122
I-19 CONTENTS 9.3-3 25% of market vale may be paid in shares at the option of the owner of the land 122 9.4 Determination of vale of assets attached to land 122 9.5 Parameters to be considered by Collector in determination of award 123 9.6 Award of solatim - 100% of the compensation amont [Section 30] 125 9.7 Interest at the rate of 12% p.a. on amont of compensation 125 9.8 Additional compensation in case of mltiple displacements 125 9.9 Exemption from income-tax, stamp dty and fees 126 10 REHABILITATION & RESETTLEMENT 10.1 R&R award for affected families by Collector 127 10.1-1 Complsory contents of R&R award 131 10.1-2 Provision of infrastrctral amenities in resettlement area 132 10.2 Special provisions for schedled castes and schedled tribes 133 10.3 Reservation and other benefits 135 10.4 Appointment of administrator by State Govt. 135 10.5 Commissioner for R&R to be appointed by State Govt. 136 10.6 Rehabilitation and resettlement committee at project level 136 10.7 Provisions relating to R&R to apply in case of certain persons other than specified persons 136 10.8 Exemption from income-tax, stamp dty and fees 138 11 IMPACT OF THE ACT ON PRIVATE ENTITIES 11.1 Types of land acqisitions for private entities 139 11.2 Implications on project time lines and cost 139
CONTENTS I-20 12 LARR AUTHORITY 12.1 Establishment of LARR athority 141 12.2 Reference to athority 141 12.2-1 Time limit for making application for reference 141 12.2-2 Gronds on which objection to the award is taken 142 12.2-3 Reference by collector to the athority within 30 days of receipt of application 142 12.3 Powers of athority 142 12.4 Procedre before the athority 143 12.4-1 Original jrisdiction on reference /s 64 143 12.4-2 Natral jstice 143 12.4-3 Notice, hearing, disposal of reference within 6 months 143 12.4-4 Scope of proceedings before athority 144 12.4-5 Proceedings in pblic 144 12.4-6 Award 144 12.5 Re-determination of amont of compensation on the basis of the award of the athority [Section 73] 146 12.6 Jrisdiction of civil corts barred 147 12.7 Appeal to High Cort 147 13 APPORTIONMENT OF COMPENSATION 13.1 Particlars of apportionment to be specified 148 13.2 Dispte as to apportionment of compensation 148 14 PAYMENT OF COMPENSATION & INTEREST 14.1 Payment of compensation or deposit of same in athority 149 14.1-1 Interest 150 14.2 Investment of money deposited in the athority 150
I-21 CONTENTS 15 TEMPORARY OCCUPATION OF LAND 15.1 Temporary occpation of waste or arable-land procedre when difference as to compensation exists 152 15.2 Power to enter and take possession and compensation on restoration [Section 82] 153 15.3 Difference as to condition of land 153 16 INCOME-TAX EXEMPTIONS 16.1 Exemption from income-tax, stamp dty and fees 154 16.2 Award 154 16.3 Agreement 157 16.4 Interest 158 16.5 Compensation paid for rgent land acqisitions nder section 40 158 16.6 40% appreciation to be paid to original owners for transfer or sale of acqired land withot development 159 17 MISCELLANEOUS 17.1 Service of notice 160 17.2 No change of ownership withot permission to be allowed 161 17.3 Offences by Government Officials - Section 87 - Section 87 as originally enacted contained stringent provisions as regards offences by Government departments 161
CONTENTS I-22 DIVISION TWO COMPARATIVE STUDY OF RIGHT TO FAIR COMPENSATION & TRANSPARENCY IN LAND ACQUISITION, REHABILITATION & RESETTLEMENT ACT, 2013 & LAND ACQUISITION ACT, 1894 Comparative Stdy of Right to Fair Compensation & Transparency in Land Acqisition, Rehabilitation & Resettlement Act, 2013 & Land Acqisition Act, 1894 165 DIVISION THREE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 [AS AMENDED BY RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (AMENDMENT) ORDINANCE, 2014] Arrangement of sections 199 Text of Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement Act, 2013 205 DIVISION FOUR RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (AMENDMENT) ORDINANCE, 2014 Arrangement of sections 273 Text of Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2014 275
I-23 CONTENTS DIVISION FIVE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (SOCIAL IMPACT ASSESSMENT AND CONSENT) RULES, 2014 Arrangement of sections 281 Text of Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rles, 2014 283 APPENDICES APPENDIX 1 : Land Acqisition Act, 1894 309 APPENDIX 2 : APPENDIX 3 : APPENDIX 4 : Schedled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 334 Provisions of Panchayats (Extension to the Schedled Areas) Act, 1996 346 Harmonized list of Infrastrctre sb-sectors and Instittional Mechanism for its pdation 350 APPENDIX 5 : Rajasthan Land Acqisition Bill, 2014 353 APPENDIX 6 : APPENDIX 7 : APPENDIX 8 : Amendments made in the Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement Act, 2013 388 Clarification on section 24 of the Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement Act, 2013 390 Clarification on section 24 of Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement Act, 2013 from Tamil Nad Government 393 APPENDIX 9 : Opinion of Solicitor-General of India on section 24 of the right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement Act, 2013 394
I-8 BLANK