Vidhi Codex

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

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

Civil2013115 sections13 chapters

This law regulates how the government in India acquires private land for public and private projects, including infrastructure. It applies to government agencies, public-private partnerships, private corporations, and all affected families, spanning landowners, agricultural laborers, tenants, and traditional forest dwellers. The law matters because it replaced outdated colonial legislation, guaranteeing fair, market-linked compensation and mandatory social impact assessments. It also protects vulnerable populations by requiring community consent for private developments and ensuring that displaced citizens receive structured rehabilitation and resettlement support, which includes replacement housing, monetary packages, employment, and basic infrastructural amenities to secure their personal livelihoods.

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Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement.
  2. 2Application of Act.
  3. 3Definition.

Chapter II DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE →

  1. 4Preparation of Social Impact Assessment study.
  2. 5Public hearing for Social Impact Assessment.
  3. 6Publication of Social Impact Assessment study.
  4. 7Appraisal of Social Impact Assessment report by an Expert Group.
  5. 8Examination of proposals for land acquisition and Social Impact Assessment report by appropriate Government
  6. 9Exemption from Social Impact Assessment.

Chapter III SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY →

  1. 10Special provision to safeguard food security.

Chapter IV NOTIFICATION AND ACQUISITION →

  1. 11Publication of preliminary notification and power of officers.
  2. 12Preliminary survey of land and power of officers to carry out survey.
  3. 13Payment for damage.
  4. 14Lapse of Social Impact Assessment report.
  5. 15Hearing of objections.
  6. 16Preparation of Rehabilitation and Resettlement Scheme by the Administrator.
  7. 17Review of the Rehabilitation and Resettlement Scheme.
  8. 18Approved Rehabilitation and Resettlement Scheme to be made public.
  9. 19Publication of declaration and summary of Rehabilitation and Resettlement.
  10. 20Land to be marked out, measured and planned including marking of specific areas.
  11. 21Notice to persons interested.
  12. 22Power to require and enforce the making of statements as to names and interests.
  13. 23Enquiry and land acquisition award by Collector.
  14. 24Land acquisition process under Act No. 1 of 1894 shall be deemed to have lapsed in certain cases
  15. 25Period within which an award shall be made.
  16. 26Determination of market value of land by Collector.
  17. 27Determination of amount of compensation.
  18. 28Parameters to be considered by Collector in determination of award.
  19. 29Determination of value of things attached to land or building.
  20. 30Award of solatium.

Chapter V REHABILITATION AND RESETTLEMENT AWARD →

  1. 31Rehabilitation and Resettlement Award for affected families by Collector.
  2. 32Provision of infrastructural amenities in resettlement area.
  3. 33Corrections to awards by Collector.
  4. 34Adjournment of enquiry.
  5. 35Power to summon and enforce attendance of witnesses and production of documents.
  6. 36Power to call for records, etc.
  7. 37Awards of Collector when to be final.
  8. 38Power to take possession of land to be acquired.
  9. 39Additional compensation in case of multiple displacements.
  10. 40Special powers in case of urgency to acquire land in certain cases.
  11. 41Special provisions for Scheduled Castes and Scheduled Tribes.
  12. 42Reservation and other benefits.

Chapter VI PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT →

  1. 43Appointment of Administrator.
  2. 44Commissioner for rehabilitation and resettlement.
  3. 45Rehabilitation and resettlement committee at project level.
  4. 46Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons
  5. 47Quantification and deposit of rehabilitation and resettlement amount.

Chapter VII NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT →

  1. 48Establishment of National Monitoring Committee for rehabilitation and resettlement.
  2. 49Reporting requirements.
  3. 50Establishment of State Monitoring Committee for rehabilitation and resettlement.

Chapter VIII ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY →

  1. 51Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.
  2. 52Composition of Authority.
  3. 53Qualifications for appointment as Presiding Officer.
  4. 54Terms of office of Presiding Officer.
  5. 55Staff of Authority.
  6. 56Salary and allowances and other terms and conditions of service of Presiding Officers.
  7. 57Filling up of vacancies.
  8. 58Resignation and removal.
  9. 59Orders constituting Authority to be final and not to invalidate its proceedings.
  10. 60Powers of Authority and procedure before it.
  11. 61Proceedings before Authority to be judicial proceedings.
  12. 62Members and officers of Authority to be public servants.
  13. 63Jurisdiction of civil courts barred.
  14. 64Reference to Authority.
  15. 65Collector’s statement to Authority.
  16. 66Service of notice by Authority.
  17. 67Restriction on scope of proceedings.
  18. 68Proceeding to be in public.
  19. 69Determination of award by authority.
  20. 70Form of award.
  21. 71Costs.
  22. 72Collector may be directed to pay interest on excess compensation.
  23. 73Re-determination of amount of compensation on the basis of the award of the Authority.
  24. 74Appeal to High Court.

Chapter IX APPORTIONMENT OF COMPENSATION →

  1. 75Particulars of apportionment to be specified.
  2. 76Dispute as to apportionment.

Chapter X PAYMENT →

  1. 77Payment of compensation or deposit of same in Authority.
  2. 78Investment of money deposited in respect of lands belonging to person incompetent to alienate
  3. 79Investment of money deposited in other cases.
  4. 80Payment of interest.

Chapter XI TEMPORARY OCCUPATION OF LAND →

  1. 81Temporary occupation of waste or arable land, procedure when difference as to compensation exists
  2. 82Power to enter and take possession and compensation on restoration.
  3. 83Difference as to condition of land.

Chapter XII OFFENCES AND PENALTIES →

  1. 84Punishment for false information, mala fide action, etc.
  2. 85Penalty for contravention of provisions of Act.
  3. 86Offences by companies.
  4. 87Offences by Government departments.
  5. 88Cognizance of offences by court.
  6. 89Offences to be non-cognizable.
  7. 90Offences to be cognizable only on complaint filed by certain persons.

Chapter XIII MISCELLANEOUS →

  1. 91Magistrate to enforce surrender.
  2. 92Service of notice.
  3. 93Completion of acquisition not compulsory, but compensation to be awarded when not completed
  4. 94Acquisition of part of house or building.
  5. 95Acquisition of land at cost of a local authority or Requiring Body.
  6. 96Exemption from income-tax, stamp duty and fees.
  7. 97Acceptance of certified copy as evidence.
  8. 98Notice in case of suits for anything done in pursuance of Act.
  9. 99No change of purpose to be allowed.
  10. 100No change of ownership without permission to be allowed.
  11. 101Return of unutilised land.
  12. 102Difference in price of land when transferred for higher consideration to be shared.
  13. 103Provisions to be in addition to existing laws.
  14. 104Option of appropriate Government to lease.
  15. 105Provisions of this Act not to apply in certain cases or to apply with certain modifications.
  16. 106Power to amend Schedule.
  17. 107Power of State Legislatures to enact any law more beneficial to affected families.
  18. 108Option to affected families to avail better compensation and rehabilitation and resettlement
  19. 109Power of appropriate Government to make rules.
  20. 110Rules made by Central Government to be laid before Parliament.
  21. 111Rules made by State Government to be laid before State Legislature.
  22. 112Previous publication of rules made by Central and State Government.
  23. 113Power to remove difficulties.
  24. 114Repeal and saving.