SectionsParticulars
Chapter IPreliminary
1Short title, extent and commencement
1.     This Act may be called the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2011.2.     It exte...
2Application of Act
1.     The provisions of this Act relating to land acquisition, compensation, rehabilitation and resettlement, shall apply, when the appropriate Government ...
3Definitions
In this Act, unless the context otherwise requires,—a.     “Administrator” means an officer appointed for the purpose of rehabilitation and resettlement of ...
Chapter IIDetermination of Social Impact and Public Purpose
A.Preliminary Investigation for Determination of Social Impact and Public Purpose
4Preparation of Social Impact Assessment Study
1.     Whenever the appropriate Government intends to acquire land for a public purpose, it shall consult the concerned Panchayat, Municipality or Municipal ...
5Public hearing for Social Impact Assessment
Whenever a Social Impact Assessment is required to be prepared under section 4, the appropriate Government shall ensure that a public hearing is held at the a...
6Publication of Social Impact Assessment Study
1.     The appropriate Government shall ensure that the Social Impact Assessment study report and the Social Impact Management Plan referred to in sub-sectio...
B.Appraisal of Social Impact Assessment Report by an Expert Group
7Appraisal of Social Impact Assessment Report by an Expert Group
1.     The appropriate Government shall ensure that the Social Impact Assessment report is evaluated by an independent multi-disciplinary Expert Group, as ma...
C.Examination of Proposal by a Committee Constituted by the Appropriate Government
8Examination of proposals for land acquisition and the Social Impact Assessment report by appropriate Government
1.     The appropriate Government shall ensure that—a.     there is a legitimate and bona fide public purpose for the proposed acquisition which necessitates...
9Exemption from Social Impact Assessment
Where land is proposed to be acquired invoking the urgency provisions under section 41, the appropriate Government may exempt undertaking of the Social Impact...
Chapter IIISpecial Provisions to Safeguard Food Security
10Special provisions to safeguard food security
1.     Save as otherwise provided in sub-section (2), no irrigated multi-cropped land shall be acquired under this Act.2.     Such land may be acquired sub...
Chapter IVNotification and Acquisition
11Publication 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 (...
12Preliminary survey of land and power of officers to carry out survey
For the purposes of enabling the appropriate Government to determine the extent of land to be acquired, it shall be lawful for any officer, either generally o...
13Payment for damage
The officer so authorised under section 12 shall at the time of entry under section 12 pay or tender payment for any damage caused, and, in case of dispute as...
14Lapse of Social Impact Assessment Report
Where a preliminary notification under section 11 is not issued within twelve months from the date of appraisal of the Social Impact Assessment report submitt...
15Rescission of preliminary notification
Where no declaration is made under section 20 within twelve months from the date of preliminary notification, then such notification shall be deemed to have b...
16Hearing of objections
1.     Any person interested in any land which has been notified under sub-section (1) of section 11, as being required or likely to be required for a public...
17Preparation of Rehabilitation and Resettlement Scheme by the Administrator
1.     Upon the publication of the preliminary notification under sub-section (1) of section 11 by the Collector, the Administrator for Rehabilitation and R...
18Review of the Rehabilitation and Resettlement Scheme
1.     The Collector shall review the draft Scheme submitted under sub-section (6) of section 17 by the Administrator with the Rehabilitation and Resettlemen...
19Approved Rehabilitation and Resettlement Scheme to be made public
The Commissioner shall cause the approved Rehabilitation and Resettlement Scheme to be made available in the local language to the Panchayat, Municipality or ...
20Publication of declaration and summary of Rehabilitation and Resettlement
1.     When the appropriate Government is satisfied, after considering the report, if any, made under sub-section (2) of section 16, that any particular land...
21Land to be marked out, measured and planned including marking of specific areas
The Collector shall thereupon cause the land, unless it has been already marked out under section 12, to be marked out and measured, and if no plan has been m...
22Notice to persons interested
1.     The Collector shall publish the public notice on his website and cause public notice to be given at convenient places on or near the land to be taken,...
23Power 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 less than thirty days aft...
24Enquiry and land acquisition award by Collector
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 an...
25Land acquisition process under Land Acquisiton Act, 1894 shall be deemed to have lapsed in certain cases
1.     Notwithstanding anything contained in this Act, in any case of land acquisition proceedings initiated under the Land Acquisition Act, 1894,—a.     whe...
26Period within which an award shall be made
The Collector shall make an award within a period of twelve months from the date of publication of the declaration under section 20 and if no award is made wi...
27Determination 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, namely:—a.     the market value, if any, ...
28Determination of amount of compensation
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 (who...
29Parameters to be considered by Collector in determination of award
In determining the amount of compensation to be awarded for land acquired under this Act, the Collector shall take into consideration—firstly, the market val...
30Determination of value of things attached to land or building
1.     The Collector in determining the market value of the building and other immovable property or assets attached to the land or building which are to be ...
31Award of solatium
1.     The Collector having determined the total compensation to be paid, shall, to arrive at the final award, impose a “Solatium” amount equivalent to one h...
Chapter VRehabilitation and Resettlement Award
32Rehabilitation and Resettlement Award for affected families by Collector
1.     The Collector shall pass Rehabilitation and Resettlement Awards for each affected family in terms of the entitlements provided in the Second Schedule.2...
33Provision of infrastructural amenities in resettlement area
In every resettlement area as defined under this Act, the Collector shall ensure the provision of all infrastructural facilities and basic minimum amenities s...
34Corrections to awards by 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 m...
35Adjournment 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....
36Power 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 interest...
37Power to call for records, etc
The appropriate Government may at any time before the award is made by the Collector under section 31 call for any record of any proceedings (whether by way o...
38Awards 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 Colle...
39Power to take possession of land to be acquired
1.     The Collector shall take possession of land after ensuring that full payment of compensation as well as rehabilitation and resettlement entitlements a...
40Additional compensation in case of multiple displacements
The Collector shall, as far as possible, not displace any family which has already been displaced by the appropriate Government for the purpose of acquisition...
41Special powers in case of urgency to acquire land in certain cases
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 thir...
42Special provisions for Scheduled Castes and Scheduled Tribes
1.     As far as possible, no acquisition of land shall be made in the Scheduled Areas.2.     Where such acquisition does take place it shall be done only a...
43Reservation and other benefits
1.     All benefits, including the reservation benefits available to the Scheduled Tribes and the Scheduled Castes in the affected areas shall continue in th...
Chapter VIProcedure and Manner of Rehabilitation and Resettlement
44Appointment of Administrator
1.     Where the appropriate Government is satisfied that there is likely to be involuntary displacement of persons due to acquisition of land, then, the Sta...
45Commissioner 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 affec...
46Rehabilitation 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 chair...
47Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons
1.     Where any person other than a specified person is purchasing land through private negotiations for an area equal to or more than such limits, as may b...
48Qualification and deposit of rehabilitation and resettlement amount
Where the Collector is of the view that the obligations of the Requiring Body with regard to rehabilitation and resettlement can be quantified into monetary a...
Chapter VIINational Monitoring Committee for Rehabilitation and Resettlement
49Establishment of National monitoring committee for rehabilitation and resettlement
1.     The Central Government may, whenever necessary, for national or inter-State projects, constitute a National Monitoring Committee for reviewing and mo...
50Reporting 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 r...
51Establishment of State Monitoring Committee for rehabilitation and resettlement
1.     The State Government shall constitute a State Monitoring Committee for reviewing and monitoring the implementation or rehabilitation and resettlement ...
Chapter VIIIEstablishment of Land Acquisition, Rehabilitation and Resettlement Authority
52Establishment of Land Acquisition, Rehabilitation and Resettlement Authority
1.     The appropriate Government shall, for the purpose of providing speedy disposal of disputes relating to land acquisition, compensation, rehabilitation ...
53Composition of Authority
1.     The Authority shall consist of one person only (hereinafter referred to as the Presiding Officer) to be appointed, by notification, by the appropriate...
54Qualifications for appointment as Presiding Officer
1.     A person shall not be qualified for appointment as the Presiding Officer of an Authority unless,—a.     he is or has been a District Judge; orb.    h...
55Terms of office of Presiding Officer
The Presiding Officer of an Authority shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age...
56Staff of Authority
1.     The appropriate Government shall provide the Authority with a Registrar and such other officers and employees as that Government may think fit.2.     ...
57Salary and allowances and other terms and conditions of service of Presiding Officers
The salary and allowances payable to and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Presidin...
58Filling up of vacancies
If, for any reason other than temporary absence, any vacancy occurs in the office of the Presiding Officer of an Authority then the appropriate Government sha...
59Resignation and removal
1.     The Presiding Officer of an Authority may, by notice in writing under his hand addressed to the appropriate Government, resign his office:Provided tha...
60Orders constituting Authority to be final and not to invalidate its proceedings
No order of the appropriate Government appointing any person as the Presiding Officer of an Authority shall be called in question in any manner, and no act or...
61Powers of Authority and procedure before it
1.     The Authority shall, for the purposes of its functions under this Act, shall have the same powers as are vested in a civil court under the Code of Civ...
62Proceedings before Authority to be judicial proceedings
All proceedings before the Authority shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code and the Au...
63Members and officers of Authority to be public servants
The Member and officers of the Authority shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code....
64Jurisdiction of civil courts barred
No civil court (other than High Court under article 226 or article 227 of the Constitution or the Supreme Court) shall have jurisdiction to entertain any disp...
65Reference 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 Collecto...
67Service of notice by Authority
The Authority shall thereupon cause a notice specifying the day on which the Authority will proceed to determine the objection, and directing their appearance...
68Restriction 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....
69Proceedings to be in public
Every such proceeding shall take place in public, and all persons entitled to practice in any Civil Court in the State shall be entitled to appear, plead and ...
70Determination of award by the Authority
1.     In determining the amount of compensation to be awarded for land acquired including the Rehabilitation and Resettlement entitlements, the Authority sh...
71Form of award
1.     Every award under this Chapter shall be in writing signed by the Presiding Officer of the Authority, and shall specify the amount awarded under clause...
72Costs
1.     Every such award shall also state the amount of costs incurred in the proceeding under this Chapter, and by what persons and in what proportions they ...
73Collector 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 d...
74Re-determination of the amount of compensation on the basis of the award of the Authority
1.     Where in an award under this Chapter, the Authority concerned allows to the applicant any amount of compensation in excess of the amount awarded by th...
75Appeal to High Court
1.     The Requiring Body or any person aggrieved by the Award passed by an Authority under section 70 may file an appeal to the High Court within sixty days...
Chapter ISApportionment of Compensation
76Particulars 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 spec...
77Dispute 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 ...
Chapter XPayment
78Payment of compensation or deposit of same in Authority
1.     On making an award under section 31, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto ...
79Investment of money deposited in respect of lands belonging to person incompetent to alienate
1.     If any money is deposited in the Authority concerned under sub-section (2) of section 78 and it appears that the land in respect whereof the same was ...
80Investment 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 the causes mentioned in section 79, the Authority ...
81Payment 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 inte...
Chapter XITemporary Occupation of Land
82Temporary 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, ...
83Power 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 65, the Collector may enter upon and take posse...
84Difference 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...
Chapter XIIOffences and Penalties
85Punishment for false information, malafide action, etc.
1.     If a person, in connection with a requirement or direction under this Act, provides any information that is false or misleading, or produces any false ...
86Penalty for contravention of provisions of Act
If any person contravenes any of the provisions relating to payment of compensation or rehabilitation and resettlement, every such person shall be liable to a...
87Offences by Companies
1.     Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was resp...
88Offences by Government departments
1.     Where an offence under this Act has been committed by any department of the Government, the head of the department, shall be deemed to be guilty of the...
89Cognizance of offences by court
No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall be competent to try any offence punishable under this...
90Offences to be non-cognizable
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 every offence under this Act shall be deemed to be non-cognizable....
91Offences to be cognizable only on complaint filed by certain persons
No court shall take cognizance of any offence under this Act which is alleged to have been committed by a Requiring Body except on a complaint in writing made...
Chapter XIIIMiscellaneous
92Magistrate 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 himsel...
93Service of notice
1.     Save as otherwise provided in section 67, the service of any notice under this Act shall be made by delivering or tendering a copy thereof signed, in t...
94Completion 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...
95Acquisition 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...
96Acquisition of land at cost of a local authority or Requiring Body
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 ...
97Exemption from income-tax stamp duty and fees
No income tax or stamp duty shall be levied on any award or agreement made under this Act, except under section 47 and no person claiming under any such award...
98Acceptance of certified copy as evidence
In any proceeding under this Act, a certified copy of a document registered under the Registration Act, 1908, including a copy given under section 64 of that ...
99Notice in case of suits for anything done in pursuance of Act
No suit or other proceeding shall be commenced against any person for anything done in pursuance of this Act, without giving to such person a month’s previous...
100No change of purpose to be allowed
No change from the purpose or related purposes for which the land is originally sought to be acquired shall be allowed:Provided that if the land acquired is re...
101No change of ownership without permission to be allowed
No change of ownership without specific permission from the appropriate Government shall be allowed....
102Return of unutilised land
When any land, acquired under this Act remains unutilised for a period of five years from the date of taking over the possession, the same shall be returned t...
103Difference in price of land when transferred for higher consideration to be shared
Whenever the ownership of any land acquired under this Act is transferred to any person for a consideration, without any development having taken place on suc...
104Provisions to be in addition to existing laws
The provisions of this Act shall be in addition to and not in derogation of, any other law for the time being in force....
105Option of appropriate Government to lease
Notwithstanding anything contained in this Act, the appropriate Government shall, wherever possible, be free to exercise the option of taking the land on leas...
106Provisions of this Act not to apply in certain cases or to apply with certain modifications
1.     Subject to sub-section (3), the provisions of this Act shall not apply to the enactments relating to land acquisition specified in the Fourth Schedule....
107Power to amend Schedule
1.     The Central Government may, by notification, amend or alter any of the Schedules to this Act, without in any way reducing the compensation or diluting ...
108Power of State Legislatures to enact any law more beneficial to affected families
Nothing in this Act shall prevent any State from enacting any law to enhance or add to the entitlements enumerated under this Act which confers higher compens...
109Option to affected families to avail better compensation and rehabilitation and resettlement
1.     Where a State law or a policy framed by the Government of a State provides for a higher compensation than calculated under this Act for the acquisition...
110Power of appropriate Government to make ruless
1.     Subject to the other provisions of this Act, the appropriate Government may, by notification, make rules for carrying out the provisions of this Act.2....
111Rules made by Central Government to be laid before Parliament
Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in sess...
112Rules made by State Government to be laid before State Legislature
Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it ...
113Previous publication of rules made by Central and State Government
The power to make rules by the Central or State Government under this Act shall be subject to the condition of the rules, being made after previous publicatio...
114Power to remove difficulties
1.     If any difficulty arises in giving effect to the provisions of this Part, the Central Government may, by order, make such provisions or give such direc...
115Appeal to High Court
1.     The Land Acquisition Act, 1894 is hereby repealed.2.     Save as otherwise provided in this Act the repeal under sub-section (1) shall not be held to ...
Schedules
First Schedule
The following components shall constitute the minimum compensation package to be given to those whose land is acquired and to tenants referred to in clause (c...
Second Schedule
1.      Provision of housing units in case of displacement(1) If a house is lost in rural areas, a constructed house shall be provided as per theIndira Awas ...
Third Schedule
For resettlement of populations, the following infrastructural facilities and basic minimum amenities are to be provided at the cost of the Requisitioning Aut...
Fourth Schedule
1. The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958).2. The Atomic Energy Act, 1962 (33 of 1962).3. The Damodar Valley Corporat...
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