Vidhi Codex

Bare Act

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Gujarat Amendment) Act, 2013

Civil2013117 sections13 chapters

This law governs how the government and private entities acquire land for public projects like infrastructure, defense, and housing. It applies to land taken for government use, public sector undertakings, and specific private projects serving public purposes. The Act ensures that affected families receive fair compensation based on market rates and are provided with rehabilitation and resettlement benefits. It aims to protect the rights of landowners and displaced persons while balancing the need for development, making the process transparent and accountable to prevent exploitation.

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Part I PRELIMINARY

  1. 1Short title and commencement
  2. 2Definitions

Part II DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE

  1. 3Definitions
  2. 4Publication of preliminary notification and power of officers
  3. 5Hearing of objections
  4. 6Preparation of Rehabilitation and Resettlement Scheme and public hearing by Administrator
  5. 7Review of the Rehabilitation and Resettlement Scheme and conduct of Social Impact Assessment study
  6. 8Land Acquisition and Rehabilitation and Resettlement Authority to ensure Social Impact Assessment
  7. 9Publication of Social Impact Assessment study

Part III SPECIAL PROVISIONS TO SAFEGUARD FOOD SECURITY

  1. 10Special provision to safeguard food security

Part 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. 13Lapse of Social Impact Assessment under specified circumstances
  4. 14Determination of social impact and public purpose
  5. 15Hearing of objections
  6. 16Preparation of Rehabilitation and Resettlement Scheme and review by the Collector
  7. 17Special powers in case of urgency, unforeseen emergency and security threat
  8. 18Individual notification to be issued
  9. 19Publication of declaration and summary of Rehabilitation and Resettlement
  10. 20Provided also that the additional time of twelve months shall be counted from the date of expiry of the initial period of twelve months.
  11. 21The 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 made thereof, a plan to be made of the same.
  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 failed in certain cases
  15. 25Period within which an award shall be made

Part V INQUIRY AND LAND ACQUISITION AWARD

  1. 26Determination of market value of land by Collector
  2. 27Determination of amount of compensation
  3. 28Provided that the date for determination of market value shall be the date on which the notification has been issued under section 11.
  4. 29Determination of value of things attached to land or buildings
  5. 30Award of solatium

Part VI PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT

  1. 31Rehabilitation and Resettlement award for affected families by Collector
  2. 32Provision relating to Rehabilitation and Resettlement award
  3. 33Particulars of Rehabilitation and Resettlement award
  4. 34Correction of clerical errors
  5. 35Adjournment of enquiry
  6. 36Power to summon and enforce attendance of witnesses and production of documents
  7. 37Power to call for records
  8. 38Provided that no order shall be passed by the Appropriate Government under this section without giving an opportunity of being heard to the affected parties.
  9. 39Notice of award

Part VII ACCELERATED PROCESS FOR PUBLIC PURPOSE IN URGENT CASES

  1. 40Special powers in case of urgency to acquire land in certain cases
  2. 41Special provisions for Scheduled Castes and Scheduled Tribes
  3. 42Reservation and other benefits
  4. 43Power to enter and survey
  5. 44Penalty for obstruction
  6. 45Police to assist Collector
  7. 46Receipts, etc., to be legal evidence
  8. 47Disputes as to apportionment
  9. 48Payment of compensation or deposit of same in Authority
  10. 49Investment of money deposited in respect of lands belonging to person incompetent to alienate
  11. 50Payment of interest

Part VIII ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY

  1. 51Establishment of Land Acquisition, Rehabilitation and Resettlement Authority
  2. 52Composition of Authority
  3. 53Term of office of Presiding Officer
  4. 54Salary and allowances
  5. 55Procedure for enquiry
  6. 56Officers of Authority
  7. 57Reference to Authority
  8. 58Collector's statement to Authority
  9. 59Service of notice by Authority
  10. 60Restriction on scope of proceedings
  11. 61Proceedings to be in public
  12. 62Determination of compensation and interest
  13. 63Distribution of compensation

Part IX APPORTIONMENT OF COMPENSATION

  1. 64Reference to Authority
  2. 65Provided that every such application shall be made within six weeks from the date of the Collector's award.
  3. 66Application for compensation
  4. 67Party to proceedings

Part X PAYMENT

  1. 68Award of Authority
  2. 69Award to be in writing
  3. 70Cost
  4. 71Collector to pay interest on excess compensation
  5. 72Re-determination of amount of compensation on the basis of the award of an Authority
  6. 73Appeal to High Court
  7. 74Powers of Authority and court in relation to determination of compensation

Part XI TEMPORARY OCCUPATION OF LAND

  1. 75Penalty for false information, mala fide action, etc
  2. 76Penalty for contravention of provisions of the Act

Part XII OFFENCES AND PENALTIES

  1. 77Offences by companies
  2. 78Offences by Government departments
  3. 79Cognizance of offences
  4. 80Magistrate power to impose sentence
  5. 81Authorisation of officers
  6. 82Requirement of ownership of land to be updated
  7. 83Rehabilitation and Resettlement Authority for disputes
  8. 84Option of rehabilitation and resettlement to the affected families
  9. 85Provision of housing units in case of displacement

Part XIII MISCELLANEOUS

  1. 86Preference to affected families
  2. 87Rehabilitation and Resettlement Committee
  3. 88Functions of Rehabilitation and Resettlement Committee
  4. 89Administrator for Rehabilitation and Resettlement
  5. 90Commissioner for Rehabilitation and Resettlement
  6. 91Qualifications of appointment of Commissioner
  7. 92Establishment of National Monitoring Committee
  8. 93Reporting requirements of Rehabilitation and Resettlement Committee
  9. 94Establishment of State Monitoring Committee
  10. 95Land Acquisition and Rehabilitation and Resettlement Authority
  11. 96Exemption from income tax, stamp duty and fees
  12. 97Change of identity and address to be notified
  13. 98Exemption from survey and provision of Act
  14. 99Limits on extent of land
  15. 100Offices to be public servants
  16. 101Return of land in certain cases
  17. 102Provided that in case where such land is being utilised for any public purpose, the land or any part thereof is not required, the same shall be returned to the Land Bank of the appropriate Government.
  18. 103Enactments relating to compensation under other Acts to be adjusted
  19. 104Act to have overriding effect
  20. 105Provisions of the Act not to apply in certain cases or to apply with certain modifications
  21. 106Power to amend Schedule
  22. 107Power of State Legislature to enact any law more beneficial to affected families
  23. 108Option to affected families to avail better compensation and rehabilitation and resettlement
  24. 109Power to make rules
  25. 110Rules to be laid before Parliament
  26. 111Rules to be laid before State Legislature
  27. 112Power to remove difficulties
  28. 113Repeal and saving

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