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

Short title, extent and commencement.—

1. (1) This Act may be called the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2. (2) It extends to the whole of India except the State of Jammu and Kashmir.
3. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Application of Act.—

1. (1) The provisions of this Act relating to land acquisition, compensation, rehabilitation and resettlement, shall apply, when the appropriate Government acquires land for its own use, hold and control, including for Public Sector Undertakings and for public purpose, and shall include the following purposes:—
   • (a) for strategic purposes relating to naval, military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to national security or defence of India or State police, safety of the people;
   • (b) for infrastructure projects, which includes the activities listed in the Schedule, and excluding private or public private partnership projects for which land is acquired for private companies: Provided that the threshold for such public private partnership projects shall be as specified by the appropriate Government;
   • (c) for project for project affected families;
   • (d) for projects which are for planned development or the improvement of village sites or any site in the urban areas or provision of land for residential purposes for the weaker sections in rural and urban areas;
   • (e) for government administered, government aided institutions and universities and for residential purposes for the weaker sections in rural and urban areas;
   • (f) for projects for residential purposes to the poor or landless;
   • (g) for projects for residential purposes to persons residing in areas affected by natural calamities;
   • (h) for projects for planned development or the improvement of village sites or any site in the urban areas or provision of land for residential purposes for the weaker sections in rural and urban areas;
     • (i) for land for private companies for public purpose, for which the procedure and provisions of this Act shall be applicable;
   • (j) for land for public private partnership projects, for which the procedure and provisions of this Act shall be applicable;
   • (k) for land for land for companies for private purpose, for which the procedure and provisions of this Act shall be applicable.
2. (2) The provisions of this Act relating to land acquisition, consent, compensation, rehabilitation and resettlement, shall also apply, when the appropriate Government acquires land for the following purposes, namely:—
   • (a) for public private partnership projects, under which the ownership of the land continues to vest with the Government for public purpose as defined in sub-section (1);
   • (b) for private companies for public purpose, as defined in sub-section (1).

Definitions.—In this Act, unless the context otherwise requires,—

1. (a) “affected area” means such area as the appropriate Government may certify as an affected area, after consulting with the concerned Panchayat, Municipality or Municipal Corporation for a district or other local area, taking into consideration such criteria as the appropriate Government deems fit;
2. (b) “agricultural land” means land used for the purpose of—
   • (i) agriculture or horticulture;
   • (ii) dairy farming, poultry farming, pisciculture, sericulture, seed farming, breeding of livestock or nursery growing medicinal herbs;
   • (iii) raising of crops, grass or garden produce; and
   • (iv) land used for the grazing of cattle;
3. (c) “appropriate Government” means,—
   • (i) in relation to acquisition of land situated within the territory of a State,

Publication of preliminary notification and power of officers.—(1) Whenever it appears to the appropriate Government that land in any area is required or likely to be required for any public purpose, then a notification (hereinafter referred to as preliminary notification) to that effect, along with details of the land to be acquired in such area, shall be published in the following manner, namely:—

1. (a) in the Official Gazette;
2. (b) in two daily newspapers circulating in the locality of such area of which one shall be in the regional language;
3. (c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be, and in the offices of the District Collector, the Sub-divisional Magistrate and the Tehsildar;
4. (d) uploaded on the website of the appropriate Government;
5. (e) in the affected areas, in such manner as may be prescribed.

1. (2) Immediately after issuance of the notification under sub-section (1), the concerned appropriate Government or the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality.
2. (3) On the publication of a preliminary notification under sub-section (1), it shall be lawful for any officer, either generally or specially authorised by such Government in this behalf, and for his servants and workmen,—
   • (a) to enter upon and survey and take levels of any land in such locality;
   • (b) to dig or bore into the sub-soil;
   • (c) to do all other acts necessary to ascertain whether the land is adapted for such purpose;
   • (d) to set out the boundaries of the land proposed to be taken and the intended line of the work, if any, proposed to be made thereon;
   • (e) to mark such levels, boundaries and line by placing marks and cutting trenches and, where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle: Provided that no officer shall enter any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days’ notice in writing of his intention to do so.

Hearing of objections.—

1. (1) Any person interested in any land which has been notified under sub-section
2. (1) of section 4 as being required or likely to be required for a public purpose, may, within sixty days from the date of the publication of the preliminary notification, object to—
   • (a) the area and suitability of land proposed to be acquired;
   • (b) justification offered for public purpose;
   • (c) the findings of the Social Impact Assessment report.
3. (2) Every objection under sub-section
4. (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 authorised by him in this behalf or by an advocate 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
5. (1) of section 4, 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 therein the approximate cost of land acquisition, particulars as to the number of affected families likely to be resettled, for the decision of that Government.
6. (3) The decision of the appropriate Government on the objections made under sub-section
7. (2) shall be final.

Preparation of Rehabilitation and Resettlement Scheme and public hearing by Administrator.—

1. (1) The Administrator shall conduct a social survey and prepare a draft Rehabilitation and Resettlement Scheme which shall include the following particulars, namely:—
   • (a) the provision for rehabilitation and resettlement as required under the Second Schedule;
   • (b) the provision for public purpose as the object of acquisition;
   • (c) the details of the Rehabilitation and Resettlement Committee;
   • (d) the details of the Rehabilitation and Resettlement Scheme including the process of rehabilitation and resettlement and the infrastructure facilities to be provided to the affected families.
2. (2) The draft Rehabilitation and Resettlement Scheme prepared under sub-section
3. (1) shall be made available to the public.
4. (3) The Administrator shall conduct a public hearing on the draft Rehabilitation and Resettlement Scheme in the affected area, in such manner as may be prescribed.
5. (4) The Administrator shall, after the hearing, pass a reasoned order with regard to the Rehabilitation and Resettlement Scheme and make a copy of the same available to the affected families.

Review of the Rehabilitation and Resettlement Scheme and conduct of Social Impact Assessment study.

1. (1) The Rehabilitation and Resettlement Committee constituted under section 45 shall review the Rehabilitation and Resettlement Scheme approved by the Collector and the State Government.
2. (2) The Social Impact Assessment study shall be conducted in such consultative manner and shall follow such process as may be prescribed.
3. (3) The report of the Social Impact Assessment shall include a Social Impact Management Plan.

Land Acquisition and Rehabilitation and Resettlement Authority to ensure Social Impact Assessment.

1. (1) The Land Acquisition and Rehabilitation and Resettlement Authority shall ensure that there shall be a Social Impact Assessment study where it is required under this Act.
2. (2) The Authority shall ensure that the Social Impact Assessment report is prepared in a fair and transparent manner and made available to all affected families.

Publication 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-section

1. (6) of section 8 are made available, either in local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may

Special provision to safeguard food security.—(1) No irrigated multi-cropped land shall be acquired under this Act, except in exceptional circumstances, as a demonstrable last resort.

1. (2) Whenever multi-cropped irrigated land is acquired, an equivalent area of culturable wasteland shall be developed for agricultural purposes or an amount equivalent to the value of land acquired shall be deposited with the appropriate Government for investment in agriculture for enhancing food-security.
2. (3) In any land acquisition, where the area of land acquired is such that it shall cause substantial adverse impact on food security, a multi-disciplinary Impact Assessment, including impact on food security, shall be carried out in the manner prescribed by the appropriate Government.
3. (4) The appropriate Government shall, after consideration of the Impact Assessment referred to in sub-section (3), if satisfied that the adverse impact on food security is unavoidable, notify the area of land for which such relaxation is applicable.

Publication of preliminary notification and power of officers.—

1. (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 (hereinafter referred to as preliminary notification) to that effect, along with details of the land to be acquired in such area, shall be published in the Official Gazette, in two daily newspapers circulating in that locality of which one shall be in the regional language, and shall cause the copies of such notification to be posted on the website of the appropriate Government and the Collector, and in the conspicuous places in the affected areas and on the notice board of the office of the appropriate Government and uploading on the website of the authority specified by the appropriate Government.
2. (2) The preliminary notification referred to in sub-section (1), shall state the period within which the objections to the acquisition of the land may be made: Provided that the appropriate Government may, if it is of the opinion that the proposed acquisition is for a public purpose, or for any project of public interest after giving a reasonable opportunity of being heard to the affected parties, relax the provision of this sub-section.
3. (3) The Collector shall cause the substance of the notification to be given by beat of drum in the affected area.

Preliminary survey of land and power of officers to carry out survey.—

1. (1) For the purpose of enabling the appropriate Government to determine the extent of land to be acquired, it shall be lawful for any officer, either generally or specially authorised by such Government in this behalf, and for his servants and workmen,—
   • (a) to enter upon and survey and take levels of any land in such area;
   • (b) to dig or bore into the sub-soil;
   • (c) to do all other acts necessary to ascertain whether the land is adapted for such purpose;
   • (d) to set out the boundaries of the land proposed to be taken and the intended line of the work, if any, proposed to be made thereon; and
   • (e) to mark such levels, boundaries and line by placing marks and cutting trenches: Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so.
2. (2) The officer referred to in sub-section
3. (1) shall at the time of entry shall pay or tender payment for all necessary damage to be done as aforesaid, 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.

Lapse of Social Impact Assessment under specified circumstances.—

1. (1) Where a Social Impact Assessment study is required to be conducted under section 4, the appropriate Government shall ensure that the Social Impact Assessment study report is prepared and made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed, and as per the time-lines specified in the Second Schedule.
2. (2) In case the land acquisition process is not initiated despite the provisions of section 4, the appropriate Government shall ensure that the Social Impact Assessment study is updated in such manner as may be prescribed.

Determination of social impact and public purpose.—

1. (1) The State Government or the District Collector shall, based on the Social Impact Assessment report and the report of the Expert Group consisting of social sector experts, scholars on land acquisition impact, representatives of affected families and other professionals, if any, referred to in section 7, and upon a summary enquiry, determine whether the acquisition of the land for public purpose serves public interest.
2. (2) The State Government or the District Collector shall ensure that the acquisition of land is necessary and for a public purpose, and that it is the minimum area of land required for such purpose.
3. (3) The State Government or the District Collector shall, after considering the report under section 7 and the findings of the summary enquiry, either—
   • (a) recommend the land acquisition; or
   • (b) decide against the land acquisition.
4. (4) In case the State Government or the District Collector decides against the land acquisition, the reasons for such decision shall be recorded in writing and shall be communicated to the affected families.

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

1. (1) of section 11, as being required or likely to be required for a public purpose, may, within sixty days from the date of the publication of the preliminary notification, object to—
   • (a) the area and suitability of land proposed to be acquired;
   • (b) justification offered for public purpose;
   • (c) the findings of the Social Impact Assessment report.
2. (2) Every objection under sub-section
3. (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 authorised by him in this behalf or by an Advocate 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
4. (1) of section 11, 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, for the decision of the appropriate Government.
5. (3) The decision of the appropriate Government on the objections made under sub-section
6. (2) shall be final.

Preparation of Rehabilitation and Resettlement Scheme and review by the Collector.—(1) Upon the publication of the preliminary notification under sub-section

1. (1) of section 11 by the Collector, the Administrator for Rehabilitation and Resettlement shall conduct a survey and undertake a census of the affected families, in such manner and form, as may be prescribed, and draft a Rehabilitation and Resettlement Scheme.
2. (2) The Administrator shall prepare a draft Rehabilitation and Resettlement Scheme which shall include—
   • (a) list of particulars of all the affected families and the assets they have lost;
   • (b) list of particulars of the affected families who are landless and are dependent on such land;
   • (c) details of the public infrastructure and community facilities which are likely to be affected;
   • (d) details of the amenities and infrastructural facilities to be provided in the resettlement area;
   • (e) list of Government buildings and private buildings which are likely to be affected;
   • (f) details of the land to be cleared or acquired, and the list of affected families who are to be resettled.
3. (3) The draft Rehabilitation and Resettlement Scheme prepared under sub-section
4. (2) shall be made available to the concerned Gram Sabha or the Panchayats or the Municipalities and shall be publicised in the affected areas in writing, in the local language, by showing conspicuously in the prominent places of the affected areas and uploading it on the website.
5. (4) The Administrator shall complete the Rehabilitation and Resettlement Scheme within a period of two months from the date of publication of the preliminary notification under section 11.
6. (5) The Administrator shall review the Rehabilitation and Resettlement Scheme and make suggestions on the same and submit the same to the Collector.
7. (6) The Collector shall review the Rehabilitation and Resettlement Scheme submitted by the Administrator to ensure that the rehabilitation and resettlement provisions are as per the provisions of this Act.

Special powers in case of urgency, unforeseen emergency and security threat.

1. (1) In cases of urgency, whenever the appropriate Government so directs, the Collector may, on the expiration of thirty days from the publication of the notice mentioned in section 21, take possession of any land needed for a public purpose and such land shall thereupon vest absolutely in the Government, free from all encumbrances.
2. (2) The powers of the appropriate Government under sub-section
3. (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 or any other emergency with the approval of Parliament: Provided that the Collector shall not take possession of any land or building or any part thereof without giving to the occupier thereof, at least forty-eight hours notice of his intention so to take possession, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such land or building.
4. (3) In the case of any land to which, in the opinion of the appropriate Government, the provisions of sub-section
5. (1) are applicable, the appropriate Government may direct that the provisions of section 15 shall not apply, and if it does so direct, a declaration may be made under section 19 in respect of the land at any stage of the proceedings.

Individual notification to be issued.

1. (1) The Collector shall, in every case where land is acquired under this Act, issue an individual notification to each of the affected families: Provided that if the affected family has not been identified, the Collector shall cause such notification to be displayed in the office of the Panchayat, Municipality or Municipal Corporation as the case may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsildar, and shall also cause the same to be published on the website and in two national daily newspapers, one of which must be in the vernacular language of the area.
2. (2) Every such notification shall include the details of whether the land being acquired belongs to a family or a community or if it is a public property or if it is a land upon which the livelihoods of people are dependent.

Publication of declaration and summary of Rehabilitation and Resettlement.

1. (1) When the appropriate Government is satisfied, after considering the report, if any, made under sub-section
2. (2) of section 15, that any land is required for any public purpose, a declaration shall be made to that effect, along with the declaration an area of land identified for the purposes of rehabilitation and resettlement shall be made: Provided that no such declaration shall be made unless the summary of the Rehabilitation and Resettlement Scheme is published along with such declaration: Provided further that no such declaration shall be made unless the requiring body deposits amount, in phenotype, of at least seventy-five per cent. of the compensation amount as determined under section 20 of this Act: Provided also that the appropriate Government or an officer authorized by it may, in the event of any agricultural land being acquired, ensure that such area of land, as may be prescribed, in the command area of irrigation project is acquired.
3. (2) The declaration referred to in sub-section
4. (1) shall be published in the following manner, namely:—
   • (a) in the Official Gazette;
   • (b) in two daily newspapers circulating in the locality of the area of such land of which one shall be in the regional language;
   • (c) in the offices of the appropriate Government, the Collector, the Sub-Divisional Magistrate and the Panchayat, Municipality or Municipal Corporation, as the case may be, and in the offices of the District Collector and the District Magistrate;
   • (d) uploaded on the website of the appropriate Government;
   • (e) in the affected areas, in such conspicuous manner as may be prescribed.
5. (3) The declaration referred to in sub-section
6. (1) shall contain the particulars on the land needed, the public purpose for which it is required, the name of the district or other territorial division in which the land is situated, the plan of the land and the number of families affected and the summary of the Rehabilitation and Resettlement Scheme; and a copy of the declaration shall be filed with the concerned Collector or such other officer as may be designated by the appropriate Government.
7. (4) In cases where land acquisition is for a public purpose, the declaration shall be made within twelve months from the date of the publication of the preliminary notification under section 11: Provided that no such declaration shall be made unless the summary of the Rehabilitation and Resettlement Scheme is published along with such declaration: Provided further that the appropriate Government may, in exceptional circumstances, allow a period of an additional twelve months for the issue of such declaration: Provided also that if such declaration is not issued within the time specified in this sub-section, the preliminary notification under section 11 shall be deemed to have been rescinded:

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

Notice to persons interested Notice to persons interested

1. (1) The Collector shall publish public notice 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 compensation for all interests in such land may be made to him.
2. (2) 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 advocate before the Collector at a time and place therein mentioned (such time not being earlier than thirty 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, and their objections (if any) to the measurements made under section 20.
3. (3) The Collector may in any case require such statement to be made in writing and signed by the party or his agent.
4. (4) 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, be 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.
5. (5) 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 of business and registered under sections 28 and 29 of the Indian Post Office Act, 1898 (6 of 1898).

Power to require and enforce the making of statements as to names and interests 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 thirty days after the date of the requisition), a statement containing, as 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 (if any) received or receivable on account thereof for three years next preceding the date of the statement.

Enquiry and land acquisition award by Collector.—

1. (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 21, to the measurements made under section 20, and into the value of the land at the date of the publication of the preliminary notification under section 11 and into the respective interests of the persons claiming the compensation and rehabilitation and resettlement.
2. (2) The Collector shall thereupon pass an award under his hand of—
   • (a) the true area of the land;
   • (b) the compensation as determined under section 27 and the provisions of section 30; and
   • (c) apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him.

Land acquisition process under Act No. 1 of 1894 shall be deemed to have failed in certain cases.—

1. (1) Notwithstanding anything contained in this Act, in any case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894),—
   • (a) where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply; or
   • (b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, 1894, as if the said Act has not been repealed.
2. (2) Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act: Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.

Period within which an award shall be made.—

1. (1) The Collector shall make an award within a period of twelve months from the date of publication of the declaration under section 19 and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse: Provided that the appropriate Government shall have the power to extend the period of twelve months if in its opinion, circumstances exist justifying the same: Provided further that any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned.
2. (2) Explanation.—In computing the period of twelve months under this section, the period or periods during which any action or proceeding to be taken in pursuance of the said declaration is stayed by an order of a court shall be excluded.

Determination of market value of land by Collector.—

1. (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, specified in the Indian Stamp Act, 1899 (2 of 1899) for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or
   • (b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or
   • (c) consented amount of compensation as agreed upon under sub-section
2. (2) of section 2 in case of acquisition of lands for private companies or for public private partnership projects, whichever is higher: Provided that the date for determination of market value shall be the date on which the notification has been issued under section 11.
3. (2) The average sale price referred to in clause
   • (b) of sub-section
4. (1) shall be determined taking into account the sale deeds or the agreements to sell registered for similar type of land in the area of interest during the immediately preceding three years of the year in which such acquisition of land is proposed to be made.
5. (3) For the purpose of determination of average sale price referred to in sub-section (2), one-half of the total number of the sale deeds or the agreements to sell in which the highest compensation has been mentioned shall be taken into account.
6. (4) The Collector shall exclude the instances where the compensation is not in line with the market value of the land, for the purpose of determining the average price.
7. (5) In calculating the market value where the land is situated in any area, instead of the market value as specified in sub-section (1), the Collector shall take into account, the higher value of land specified in the Stamp Act, for the registration of sale deeds or agreements to sell, if available, for similar type of land situated in the immediate adjoining area.
8. (6) In determining the market value under this section, the Collector shall be guided by the parameters set out in sections 27 and 28.

Determination of amount of compensation

1. (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, specified in the Indian Stamp Act, 1899 (2 of 1899) for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or
   • (b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or
   • (c) consented amount of compensation as agreed upon under sub-section (2), in case of acquisition of lands for private companies or for public private partnership projects, whichever is higher:

Parameters to be considered by Collector in determination of award Parameters to be considered by Collector in determination of award In determining the amount of compensation to be awarded in respect of the land being acquired under this Act, the Collector shall take into consideration—

1. (a) the market value as determined under section 27 and the award amount in accordance with the First and Second Schedules;
2. (b) the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector’s taking possession thereof;
3. (c) 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;
4. (d) 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;
5. (e) the consequence of the change of the residence or business persons (including the person interested), by reason of the acquisition of the land;
6. (f) 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 19 and the time of the Collector’s taking possession of the land; and
7. (g) any other ground which may be in the interest of equity, justice and beneficial to the affected families.

Determination of value of things attached to land or buildings.-

1. (1) The Collector in determining the market value of the building or 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 him.
2. (2) The Collector for the purpose of determining the value of trees and plants attached to the land acquired, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him.
3. (3) The Collector for the purpose of assessing the value of the standing crops damaged during the process of land acquisition, may utilize the services of experienced persons in the field of agriculture as may be considered necessary by him.

Award of solatium.-

1. (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 hundred per cent. of the compensation amount. Explanation.—For the removal of doubts it is hereby declared that solatium amount shall be counted on the total compensation including market value determined under section 26 and compensation for items specified under section 27.
2. (2) The Collector shall issue individual awards detailing the particulars of compensation payable and the details of payment of the compensation as specified in the First Schedule.
3. (3) In addition to the market value of the land provided under section 26, the Collector 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 preliminary notification of the social impact assessment study under subsection
4. (2) of section 4, in respect of such land, till the date of the award of the Collector or the date of taking possession of the land, whichever is earlier.

Rehabilitation and Resettlement award for affected families by Collector.—

1. (1) The Collector shall pass Rehabilitation and Resettlement awards for each affected family in terms of the entitlements provided in the Second Schedule.
2. (2) The Rehabilitation and Resettlement award shall include all of the following, that is to say,—
   • (a) rehabilitation and resettlement amount payable to the family;
   • (b) bank account number of the person eligible for the compensation;
   • (c) particulars of house sites and house to be allotted, in case of displaced families;
   • (d) particulars of land allotted to the displaced families;
   • (e) particulars of one-time subsistence allowance and other compensation;
   • (f) particulars of payment of transportation allowance;
   • (g) details of mandatory employment to be provided to the members of the affected families;
   • (h) particulars of any other infrastructure and amenities to be provided as per this Act;
     • (i) details of any other compensation;
   • (j) payments of annuity and other entitlements to be provided.

Provision relating to Rehabilitation and Resettlement award.—

1. (1) The Collector shall pass individual Rehabilitation and Resettlement awards detailing the particulars of rehabilitation and resettlement entitlements due to each affected family.
2. (2) Full payment of compensation as well as rehabilitation and resettlement entitlements shall be made to all affected families within a period of three months for such compensation and six months for the monetary part of rehabilitation and resettlement entitlements respectively, from the date of the award: Provided that the rehabilitation and resettlement entitlements may be extended as per the provisions of this Act.
3. (3) The Director, Rehabilitation and Resettlement shall examine the Rehabilitation and Resettlement awards passed by the Collector to ensure that the provisions of this Act are followed and in each case inform the District Collector about the shortcomings, if any.

Particulars of Rehabilitation and Resettlement award.

1. (1) The Collector shall pass a Rehabilitation and Resettlement Award for each affected family in terms of the entitlements specified in the Second Schedule.
2. (2) The Rehabilitation and Resettlement Award shall include all of the following, that is to say:
   • (a) rehabilitation and resettlement amount payable to the family;
   • (b) bank account number of the person eligible to receive compensation;
   • (c) particulars of house site and house to be allotted, in case of displaced families;
   • (d) particulars of land allotted to the displaced families;
   • (e) particulars of one-time subsistence allowance and other compensation;
   • (f) particulars of payment transport allowance and cattle shed allowance;
   • (g) particulars of fishing rights and other livelihood/subsistence related grants;
   • (h) particulars of annuity and other entitlements to be provided;
     • (i) particulars of any other infrastructure and amenities to be provided under this Act.

Correction of clerical errors.

1. (1) Clerical or arithmetical mistakes in the Award, or errors arising therein either on its own motion or on the application of any interested person, may be corrected by the Collector at any time within six months from the date of the Award: Provided that no correction which is likely to affect prejudicially any person shall be made unless that person has been given a reasonable opportunity of making a representation in the matter.
2. (2) The Collector shall give immediate notice of any correction made in the Award to all the affected persons.

Adjournment of enquiry.—The Collector may, from time to time, adjourn the enquiry to a day to be fixed by him.

Power to summon and enforce attendance of witnesses and production of documents.—(1) The Collector or the Authority, as the case may be, for the purposes of enquiries under this Act, shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:—

1. (a) summoning and enforcing the attendance of any person and examining him on oath;
2. (b) discovery and production of any document or other material object producible as evidence;
3. (c) reception of evidence on affidavits;
4. (d) requisitioning of any public record from any court or office;
5. (e) issuing commission for examination of witnesses or documents;
6. (f) any other matter which may be prescribed.

1. (2) Every enquiry before the Collector or Authority shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860) and the Collector or the Authority, as the case may be, shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

Power to call for records. The Appropriate Government may at any time before the award has been made by the Collector under section 30 call for any record of any proceedings (suit or case) for the purpose of satisfying itself as to the legality or propriety of any finding or order passed or as to the regularity of such proceedings and may pass such order in relation thereto as it may think fit and proper and may direct the Collector to redeepen the process or make a fresh award:

Award of Collector when to be final Award of Collector when to be final.

1. (1) The award of the Collector shall 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 value of the land, and the assets attached thereto, mentioned in the award, and the apportionment of the compensation among the persons interested.
2. (2) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made.

Notice of award.—

1. (1) The Collector shall immediately after passing the award under section 30, post a summary thereof in the said office and shall cause a copy of the same to be given to the affected persons including the land owners and the land owners should be informed of the particulars of the compensation amount.
2. (2) On the submission of the award by the Collector under section 30, the Collector shall file the summary of the award in the office of the Authority.

Special powers in case of urgency to acquire land in certain cases.—

1. (1) In cases of urgency, whenever the appropriate Government so directs, the Collector, even if no compensation has been awarded under section 30, may, on the expiration of thirty days from the publication of the notice mentioned in section 21, take possession of any land needed for a public purpose and such land shall thereupon vest absolutely in the Government, free from all encumbrances.
2. (2) The powers of the appropriate Government under sub-section
3. (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 or any other emergency with the approval of Parliament: Provided that the Collector shall not take possession of any land or building used as a farmhouse, without providing alternative settlement as necessitated.
4. (3) Before taking possession of any land under sub-section
5. (1) or sub-section (2), the Collector shall tender payment of eighty per cent. of the compensation admissible under this Act for such land estimated by him to the persons interested entitled thereto.
6. (4) In the case of any land to which, in the opinion of the appropriate Government, the provisions of sub-section (1), sub-section
7. (2) and sub-section
8. (3) are applicable, the appropriate Government may direct that any or all of the provisions of Chapter IV and Chapter V shall not apply, and, if it does so direct, a declaration may be made under section 19 in respect of the land at any time after the publication of the preliminary notification under sub-section
9. (1) of section 11.
10. (5) An additional compensation of seventy-five per cent. of the total compensation as determined under section 27 shall be paid by the Collector in respect of land and property acquired or possession taken under this section.

Special provisions for Scheduled Castes and Scheduled Tribes.—

1. (1) As far as possible, no acquisition of land shall be made in the Scheduled Areas.
2. (2) Where such acquisition does take place it shall be done only as a demonstrable last resort.
3. (3) In case of acquisition or alienation of any land in the Scheduled Areas, the prior consent of the concerned Gram Sabha or the Panchayats or the autonomous District Councils, at the appropriate level in specified areas under the Fifth Schedule to the Constitution, as the case may be, shall be obtained, in all cases of land acquisition in such areas, including acquisition in case of urgency, before issue of a notification under this Act, or any other Central Act or a State Act for the time being in force: Provided that the consent of the Panchayats or the autonomous District Councils shall be obtained in cases, where the Gram Sabha does not exist or has not been constituted.
4. (4) In case of a project involving land acquisition on behalf of a Requiring Body which involves involuntary displacement of the Scheduled Castes or the Scheduled Tribes, a Development Plan shall be prepared, in such form as may be prescribed, laying down the details of procedural steps for resettlement and rehabilitation of such people (in accordance with the provisions of this Act).
5. (5) The Development Plan shall also contain a programme for the 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 as well as the Scheduled Castes.
6. (6) In case of land being acquired from members of the Scheduled Castes or the Scheduled Tribes, at least one-third of the compensation amount due shall be paid to the affected families initially as first instalment and the rest shall be paid after taking possession of the land: Provided that if the resettlement and rehabilitation process is not completed, the interest on the remaining amount shall continue to accrue to the State till the payment is made.
7. (7) Adequate compensation (in normal cases, four times the market value in rural areas and two times in urban areas) shall be paid to the affected families whether in monetary form or through allotment of grant of land rights or such other cost for resettlement in accordance with the provisions of this Act.
8. (8) The provisions of this Act under various sections shall be applicable to the Scheduled Castes and the Scheduled Tribes in additional to the requirements specified in this section.
9. (9) Any alienation of tribal lands or lands belonging to members of the Scheduled Castes impounded under this Act shall be treated as null and void: Provided that in the case of acquisition of land belonging to a Scheduled Caste or a Scheduled Tribe, the prior consent of the concerned Gram Sabha or the Panchayats or the autonomous District Councils, at the appropriate level in specified areas under the Fifth Schedule to the Constitution, as the case may be, shall be obtained, in all cases of land acquisition in such areas.
10. (10) The affected families of the Scheduled Castes and the Scheduled Tribes shall be resettled preferably in the same Scheduled Area in a compact block so that they can retain their ethnic, linguistic and cultural identity.
11. (11) The resettlement areas predominantly inhabited by the Scheduled Castes and the Scheduled Tribes shall get land, to such extent as may be prescribed, for community and social gatherings.
12. (12) Any resignation of the land by the Scheduled Castes or the Scheduled Tribes shall be in accordance with the provisions of this Act.

Reservation and other benefits.—

1. (1) All benefits, including the reservation benefits available to the Scheduled Castes and the Scheduled Tribes in the concerned State shall continue to be preserved in the resettlement area.
2. (2) Whenever the affected families of the Scheduled Castes and the Scheduled Tribes are resettled in districts outside the districts where the displacement occurred, the rate of rehabilitation and other statutory benefits shall be determined by the State where the resettlement is taking place or at such rates higher than those prescribed by the State where the displacement occurred.

Power to enter and survey. —

1. (1) Whenever it appears to the appropriate Government that land in any area is required or likely to be required for any public purpose, any officer of the appropriate Government or any person, either generally or specially authorised by such Government in this behalf, may for the purposes of this Act and within that area,—
   • (a) enter upon and survey and take levels of any land;
   • (b) dig or bore into the sub-soil;
   • (c) do all other acts necessary to ascertain whether the land is adapted for such purpose;
   • (d) set out the boundaries of the land proposed to be taken and the intended line of the work, if any, proposed to be made thereon;
   • (e) mark such levels, boundaries and line by placing marks and cutting trenches; and
   • (f) where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, cut down and clear away any part of any standing crop, fence or jungle: Provided that no officer or person shall enter any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving to such occupier at least seven days' notice in writing of his intention to do so.

Penalty for obstruction. — If any person wilfully obstructs any officer or person in carrying out any of the acts authorised under section 43, he shall be liable to be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one lakh rupees, or with both.

Police to assist Collector.—It shall be the duty of every police officer to aid the Collector or the Commissioner, as the case may be, in the execution of the provisions of this Act, when required by him so to do.

Receipts, etc., to be legal evidence.—The receipts, entries, and other writings or documents made, kept, or prepared under or in accordance with the provisions of this Act shall be deemed to be legal evidence.

Disputes as to apportionment.—

1. (1) 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 Authority.
2. (2) The cost of all proceedings under this section shall be paid by the parties to the dispute in such proportion as the Authority may direct.

Payment of compensation or deposit of same in Authority.—

1. (1) The Collector shall pay the compensation awarded by him to the persons entitled thereto within a period of three months from the date of the award.
2. (2) If the persons entitled thereto do 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 same 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 64 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 Chapter VIII: 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.

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

1. (1) When the amount deposited under section 37 or section 38 has been deposited in respect of land belonging to any person who has no right to alienate the same, the Collector shall—
   • (a) keep the amount invested in Government or other approved securities; or
   • (b) deposit it in the court, for the benefit of the person who may be entitled thereto.
2. (2) The interest or other proceeds of any such investment or deposit shall be paid to the person or persons for the time being entitled to the said land.

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 centum 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 from which possession is taken, interest at the rate of fifteen per centum 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.

Establishment of Land Acquisition, Rehabilitation and Resettlement Authority

1. (1) The appropriate Government shall, for the purpose of providing speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement, establish, by notification, one or more Authorities to be known as "the Land Acquisition, Rehabilitation and Resettlement Authority" to exercise jurisdiction, powers and authority conferred on it by or under this Act.
2. (2) The appropriate Government shall also specify in the notification referred to in sub-section
3. (1) the areas within which the Authority may exercise jurisdiction for entertaining and deciding the reference made to it under section 64.

Composition of Authority

1. (1) The Authority shall consist of one person only (hereinafter referred to as the Presiding Officer) to be appointed, by notification, by the appropriate Government.
2. (2) 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; or
   • (b) he is a qualified legal practitioner, for not less than seven years.
3. (3) The Presiding Officer of an Authority shall be appointed by the appropriate Government in consultation with the Chief Justice of a High Court in whose jurisdiction the Authority is proposed to be established.

Term of office of Presiding Officer.—

1. (1) 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 of sixty-five years, whichever is earlier.

Salary and allowances.—

1. (1) The salary and allowances payable to, and the other terms and conditions of service of, the Presiding Officer of an Authority shall be such as may be prescribed by the appropriate Government.

Procedure for enquiry

1. (1) The Collector shall, after the filing of any objection referred to in sub-section
2. (2) of section 15, provide a reasonable opportunity of being heard to each person affected thereby.
3. (2) The Collector shall provide a report 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 containing as many estimates of resettlement and rehabilitation costs as may be prescribed for the rehabilitation and resettlement of the affected families.

Officers of Authority

1. (1) The appropriate Government shall provide the Authority with such officers and employees as may be necessary for the discharge of its functions under this Act.
2. (2) The salaries and allowances and other conditions of service of the officers and employees of the Authority shall be such as may be prescribed.

Reference to Authority

1. (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 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 Chapters V and VI or the apportionment of the compensation among the persons interested: Provided that the Collector shall, within a period of thirty 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 Authority requesting it to direct the Collector to make the reference to it within a period of thirty days.

Collector's statement to Authority

1. (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 name of the persons whom he has reason to think interested in such land;
   • (c) the amount awarded for damages and paid or tendered under those provisions, and the amount of compensation awarded under the provisions of this Act;
   • (d) the grounds on which amount of compensation was determined; and
   • (e) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined.
2. (2) The said statement shall be attached to a schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by the parties interested respectively.

Service of notice by Authority

1. (1) The Authority shall cause a notice to be served on all persons interested in the land to be acquired, including the persons interested in the issue of compensation for rehabilitation and resettlement, in the manner as may be prescribed.
2. (2) The notice shall require the persons interested to state their objection, if any, to the measurement of the land, the area of the land, the amount of compensation or the person to whom it is payable, the nature of their respective interests in the land and the amount and the particulars of their claims to compensation for such interests: Provided that the Authority may require any such statement to be made in writing and signed by the party or his agent.
3. (3) The Authority shall also serve notice to the same effect to the Collector, the Requiring Body or to any other person as may be required.

Restriction on scope of proceedings The Authority shall, for the purposes of its enquiries, confine its consideration to the interests of the persons affected by the land acquisition case and shall not carry out any enquiry into the actions of the Appropriate Government or the determination of the land acquisition collector.

Proceedings to be in public.—All proceedings before the Authority shall be conducted in public and the parties to the matters may appear in person or through their authorised agents.

Determination of compensation and interest.—

1. (1) The Authority shall determine the amount of compensation for the land to be acquired and also the rehabilitation and resettlement entitlements or such other matters as provided in the Act, in accordance with the provisions of the First and Second Schedules.
2. (2) After the passing of an award under this Chapter, the Authority shall, in addition to the compensation payable under sub-section (1), award interest at the rate of nine per cent. per annum on the amount of such compensation, to be paid from the date of the award to the date of payment of compensation: Provided that if the compensation is not paid within a period of one year from the date of the award, such interest shall be increased to fifteen per cent. per annum for the period exceeding one year.

Distribution of compensation.

1. (1) The Collector shall disburse the compensation awarded under this Act to the persons entitled thereto and shall complete the distribution of the amount within a period of three months from the date of the award: Provided that in case of the land acquisition being of sub-judice nature or where the land titles are disputed, the Collector shall deposit the amount of compensation in the account of the appropriate Authority as provided in sub-section (2).
2. (2) The Collector shall deposit the un-paid compensation in the account of the appropriate Authority to be maintained for this purpose in a scheduled bank, which shall be operated as per the guidelines issued by the appropriate Government.
3. (3) The appropriate Authority shall keep the compensation in a separate account and shall release the amount to the person entitled after due verification of the title of the land.
4. (4) In the event of the compensation remaining un-paid or un-deposited for a period of more than five years, the amount of the compensation shall be transferred to the Consolidated Fund of the State.

Reference to Authority.

1. (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 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 Chapters V and VI or the apportionment of the compensation among the persons interested: Provided that the Collector shall, within a period of thirty 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 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. (2) The application shall state the grounds on which objection to the award is taken:

Collector may, for sufficient reasons, extend time Collector may, for sufficient reasons, extend time.- The Collector may, for sufficient reasons, extend the time for making all or any of the declarations or reports or any other work required to be done by him under this Act.

Application for compensation.-

1. (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 Authority, 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 Chapters V and VI or the apportionment of the compensation among the persons interested.
2. (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 21, or within six months from the date of the Collector’s award, whichever period shall first expire: Provided further that the Collector may also 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.

Party to proceedings

1. (1) The Collector and the initiating department shall be the party to the proceedings before the Authority.
2. (2) The Collector shall be entitled to represent the interests of the appropriate Government.

Award of Authority.—

1. (1) The Authority shall, after making an inquiry as prescribed under section 64 and having satisfied itself as to the matters referred to in sub-section
2. (2) of section 67, make an award under the hand of the presiding officer of the Authority.
3. (2) The award shall be in writing and shall state—
   • (a) the grounds upon which the Authority considers that the compensation granted by the Collector is or is not adequate;
   • (b) the exact amount of compensation;
   • (c) the persons to whom the compensation is payable;
   • (d) the apportionment of the said compensation among the persons interested;
   • (e) if the compensation is not paid within the specified period, the rate of interest to be paid; and
   • (f) the cost of the proceedings.
4. (3) A copy of the award shall be sent to the Collector and the parties to the dispute within thirty days of the date of the award.
5. (4) The award shall be deemed to be a decree of the court.

Award to be in writing

1. (1) Every award passed by the Collector under section 30 shall be in writing and shall be signed by the Collector and shall be filed in his office.
2. (2) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made.
3. (3) The Collector shall, keeping in view the value of the land as determined by him under section 26 and the value of assets attached to the land or building under section 29, file the award in his office.

Cost

1. (1) Every award under section 30 shall also state the amount of costs incurred in the proceedings under this Act, by what persons and in what proportions they are to be paid.
2. (2) Notwithstanding anything contained in sub-section (1), the Collector shall not apportion the costs of the proceedings if the award is to be made by the Authority under section 64.

Collector to pay interest on excess compensation.—If in the opinion of the Collector the amount of compensation which he awarded is in excess of what the Collector determines as compensation or as a result of the award of an Authority or a Court, the Collector shall not require any person to refund any excess amount to him, but in all other cases, where the Collector is required to pay interest, he shall pay the same.

Re-determination of amount of compensation on the basis of the award of an Authority.—(1) Where, in an award under section 64, the Authority allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under section 23, the persons interested in all the other land covered by the same preliminary notification under section 11, 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 require that the amount of compensation payable to them may be re-determined: 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.

1. (2) The Collector shall re-determine the amount of compensation payable to such other persons on the basis of the award of the Authority.
2. (3) The Collector shall, if the amount of compensation is increased by the Authority, award the same to the persons interested in the other land in accordance with the provisions of this Act.

Appeal to High Court.

1. (1) Any person aggrieved by the Award passed by the Authority under section 64 may file an appeal to the High Court within sixty days from the date of Award: Provided that the High Court may entertain an appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
2. (2) The High Court may entertain an appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

Powers of Authority and court in relation to determination of compensation.

1. (1) The Authority and the court while determining the compensation under this Act shall be guided by the provisions of sections 26, 27, 28, 29 and 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).

Penalty for false information, mala fide action, etc.

1. (1) If any person provides any false information, knowing it to be false or having reason to believe it to be false, or suppresses any material information, required under this Act to be provided, he shall be liable to be punished with imprisonment for a term which may extend to six months, or with a fine which may extend to one lakh rupees, or with both.
2. (2) If any person, who is required to perform any duty or discharge any function under this Act, initiates or causes to be initiated any mala fide action in the process of land acquisition, he shall be liable to be punished with imprisonment for a term which may extend to six months, or with a fine which may extend to one lakh rupees, or with both.

Penalty for contravention of provisions of the Act.—Whoever contravenes any of the provisions of this Act or any rule or order made thereunder, for which no penalty is already provided in this Act, shall be liable to suffer imprisonment for a term which may extend to one month or fine which may extend to one lakh rupees or both.

Offences by companies.—

1. (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 responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section,—
   • (a) "company" means any body corporate and includes a firm or other association of individuals; and
   • (b) "director", in relation to a firm, means a partner in the firm.

Offences by Government departments.— 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 offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

Cognizance of offences.—

1. (1) No court shall take cognizance of any offence punishable under this Act which alleges contravention of the provisions of this Act except with the previous sanction of the appropriate Government in writing.
2. (2) 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 Act.

Magistrate power to impose sentence.— Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the first class to pass a sentence of imprisonment or fine authorised by this Act or any greater fine than is prescribed by the said section.

Authorisation of officers

1. (1) The appropriate Government may, by notification in the Official Gazette, authorise any officer of the State Government to exercise the powers conferred upon it by this Act or the rules made thereunder, in such area as may be specified in the notification.
2. (2) Every officer authorised under sub-section
3. (1) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, and shall be officially subordinate to such officer as the appropriate Government may specify in this behalf.

Requirement of ownership of land to be updated

1. (1) The appropriate Government shall ensure that the land records and the ownership rights are updated in the regular course of the land acquisition process, as may be prescribed, for the purpose of ensuring that the compensation or rehabilitation assistance is paid to the rightful owners and affected families.
2. (2) In cases where the land records are not available or are outdated, the appropriate Government shall cause a survey to be conducted to determine the ownership and interests in the land, and the persons entitled to compensation and rehabilitation, in accordance with the provisions of this Act.

Rehabilitation and Resettlement Authority for disputes.

1. (1) The State Government shall, for the purpose of providing speedy disposal of disputes relating to rehabilitation and resettlement, establish, by notification, one or more Rehabilitation and Resettlement Authorities (hereinafter referred to as the Authority) to be presided over by a person who is or has been a District Judge or is qualified to be a District Judge.
2. (2) The Authority shall exercise jurisdiction, powers and authority conferred on it by or under this Act.
3. (3) The Authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:—
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) discovery and production of any document or other material object produceable as evidence;
   • (c) receiving evidence on affidavits;
   • (d) requisitioning of any public record;
   • (e) issuing commission for the examination of witnesses;
   • (f) any other matter which may be prescribed.
4. (4) Any proceeding before the Authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Authority shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
5. (5) Any person who is not satisfied with the quantum of compensation and rehabilitation and resettlement amount as determined by the Collector, may file an application to the Authority for appropriate relief.
6. (6) The Authority may, for the purpose of deciding the matter under this Act, choose one or more persons possessing expertise in the field of rehabilitation and resettlement to assist it.
7. (7) The Authority shall pass an award in respect of the compensation and rehabilitation and resettlement within a period of six months from the date of his appointment.
8. (8) The Authority shall, after adjudication, pass an award to the affected families.

Option of rehabilitation and resettlement to the affected families. Where the affected families are eligible for rehabilitation and resettlement, they may, at their option, opt for the compensation or alternate housing units or other facilities as per the provisions of this Act or the Policy of the appropriate Government.

Provision of housing units in case of displacement

1. (1) Where the land acquired is sought to be utilised for the purpose of urbanisation or in cases where the land acquired is outside the notified urban area, and in both cases, the displacement involves more than two hundred families in plain areas or more than one hundred families in hilly or desert areas, then the appropriate Government shall provide a constructed house to each affected family.
2. (2) The house as mentioned in sub-section
3. (1) shall be of a minimum plinth area of fifty square metres: Provided that if an affected family has a house in the affected area, then the appropriate Government may provide a house of a minimum plinth area of fifty square metres to such family, or if the family opts for a constructed house of a smaller size than the house it had in the affected area, then such smaller house shall be provided, or a financial assistance equivalent to the cost of construction of the house as may be prescribed by the appropriate Government: Provided further that in every case, each affected family shall be provided with one-time payment of financial assistance of such amount as may be prescribed by the appropriate Government for house construction.

Preference to affected families In all cases of land acquisition, whether for the purpose of rehabilitation or otherwise, the appropriate Government shall ensure that the affected families are given preference for the allotment of land or housing, as the case may be, in the project or in the rehabilitation area.

Rehabilitation and Resettlement Committee.—

1. (1) Where the land acquisition project involves the displacement of two hundred or more families, the appropriate Government shall constitute a Rehabilitation and Resettlement Committee at the project level to monitor and review the progress of implementation of the Rehabilitation and Resettlement Scheme.
2. (2) The Rehabilitation and Resettlement Committee shall include the following members:
   • (a) the Collector or his nominee not below the rank of a Deputy Collector, who shall be the Chairperson;
   • (b) the Rehabilitation and Resettlement Administrator;
   • (c) a representative of the requiring body;
   • (d) a representative of the Panchayat or Municipal body;
   • (e) a representative of women residing in the affected area;
   • (f) a representative of the Scheduled Castes or the Scheduled Tribes or both, as the case may be, residing in the affected area;
   • (g) a representative of a voluntary organisation or non-governmental organisation;
   • (h) a member of Parliament or Legislative Assembly or Legislative Council of the concerned area;
     • (i) a representative of the affected families; and
   • (j) the project officer of the relevant project: Provided that the composition of the Rehabilitation and Resettlement Committee shall include such number of women members as may be prescribed.
3. (3) The procedure for the meetings and functionality of the Rehabilitation and Resettlement Committee shall be such as may be prescribed by the appropriate Government.

Functions of Rehabilitation and Resettlement Committee.—

1. (1) The Rehabilitation and Resettlement Committee shall be responsible for—
   • (a) reviewing and monitoring the progress of the rehabilitation and resettlement process under the Rehabilitation and Resettlement Scheme;
   • (b) ensuring that the affected families have been provided with the rehabilitation and resettlement benefits as specified in this Act;
   • (c) ensuring that the specific needs and concerns of the affected families, particularly those belonging to vulnerable groups, are adequately addressed;
   • (d) facilitating the redressal of grievances of the affected families related to their rehabilitation and resettlement;
   • (e) examining the progress of the construction of infrastructure and amenities in the resettlement area; and
   • (f) such other functions as may be prescribed by the appropriate Government.
2. (2) The Rehabilitation and Resettlement Committee shall meet as and when necessary, but at least once in every two months to review the progress of implementation of the Rehabilitation and Resettlement Scheme.
3. (3) The Rehabilitation and Resettlement Committee shall ensure that it holds regular consultations with the affected families and their representatives.
4. (4) The Rehabilitation and Resettlement Committee shall report to the Commissioner Rehabilitation and Resettlement regarding the progress of implementation of the Rehabilitation and Resettlement Scheme.

Administrator for Rehabilitation and Resettlement

1. (1) Where the appropriate Government is satisfied that there is likely to be involuntary displacement of persons due to acquisition

Commissioner for Rehabilitation and Resettlement.—(1) The State Government shall appoint an officer of the rank of Commissioner or Secretary of that Government to be the Commissioner for Rehabilitation and Resettlement for the purposes of this Act.

1. (2) The Commissioner shall be responsible for supervising the rehabilitation and resettlement process under this Act.
2. (3) The Commissioner shall be responsible for—
   • (a) formulation, execution and monitoring of the Rehabilitation and Resettlement Scheme;
   • (b) monitor and supervise the progress of rehabilitation and resettlement of the affected families;
   • (c) ensure that the rehabilitation and resettlement process is carried out in accordance with the provisions of this Act;
   • (d) ensure that the compensation and rehabilitation and resettlement entitlements are provided to the project affected families;
   • (e) ensure that the records of the affected families are maintained;
   • (f) coordinate with the Collector and the State Government for the effective implementation of the Rehabilitation and Resettlement Scheme; and
   • (g) such other functions as may be prescribed by the State Government.
3. (4) The Collector shall be auxiliary to the Commissioner and shall be responsible for the implementation of the Rehabilitation and Resettlement Scheme as per the directions of the Commissioner.

Qualifications of appointment of Commissioner

1. (1) The State Government shall appoint an officer of the rank of Commissioner or Secretary to the State Government as the Rehabilitation and Resettlement Commissioner.
2. (2) The Rehabilitation and Resettlement Commissioner shall be responsible for supervising the formulation of rehabilitation and resettlement schemes or plans and proper implementation of such schemes or plans across the State.

Establishment of National Monitoring Committee

1. (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. (2) The Committee shall have such composition as the Central Government may prescribe.
3. (3) The Committee shall have such powers and functions as may be prescribed by the Central Government.

Reporting requirements of Rehabilitation and Resettlement Committee.

1. (1) The Rehabilitation and Resettlement Committee shall submit a half-yearly report to the Collector, in the prescribed form, along with the minutes of the meetings of the Committee.
2. (2) The reports submitted under sub-section
3. (1) shall be uploaded by the Collector on the website created for the purpose of the project.

Establishment of State Monitoring Committee.

1. (1) The Government shall constitute a State Monitoring Committee for reviewing and monitoring the progress of rehabilitation and resettlement of affected families.
2. (2) The Committee shall have such number of members as the Government may deem fit.
3. (3) The Committee shall meet at such time and place and shall observe such procedure as may be prescribed.

Land Acquisition and Rehabilitation and Resettlement Authority

1. (1) The Appropriate Government may, for the purpose of providing speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement, establish, by notification, one or more Authorities to be known as "the Land Acquisition, Rehabilitation and Resettlement Authority" to exercise jurisdiction, powers and authority conferred on it by or under this Act.
2. (2) The Appropriate Government shall specify in the notification referred to in sub-section
3. (1) the areas within which the Authority may exercise jurisdiction for entertaining and deciding the references made to it under section 64 or applications made by the affected persons under this Act.
4. (3) The Authority shall consist of one person only (hereinafter referred to as the Presiding Officer) to be appointed, by notification, by the Appropriate Government.
5. (4) 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; or
   • (b) he is a qualified legal practitioner of not less than seven years' standing.
6. (5) The Presiding Officer of an Authority shall be appointed by the Appropriate Government in consultation with the Chief Justice of the High Court in whose jurisdiction the Authority is proposed to be established.
7. (6) The terms and conditions of service of the Presiding Officer shall be such as may be prescribed.
8. (7) The Appropriate Government shall provide the Authority with such officers and employees as that Government may think fit.
9. (8) The officers and employees of the Authority shall discharge their functions under the general superintendence of the Presiding Officer.
10. (9) The administrative expenses of the Authority, including the salaries, allowances and pensions payable to the Presiding Officer and other officers and employees of the Authority, shall be defrayed out of the Consolidated Fund of the State or of the Union territory, as the case may be.

Exemption 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 46 and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.

Change of identity and address to be notified.—

1. (1) Any person who has been displaced from his habitat or expected to be displaced or whose land has been acquired or is proposed to be acquired under this Act and who has changed his identity or address after the publication of the preliminary notification under section 11, shall notify such change to the Collector within a period of thirty days of such change.
2. (2) The Collector shall update the records accordingly.

Exemption from survey and provision of Act.— Nothing in this Act shall apply to an acquisition of land, under the provisions of the Metro Railways (Construction of Works) Act, 1978 (33 of 1978), the Inland Vessels Act, 1917 (1 of 1917), the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962), the Damodar Valley Corporation Act, 1948 (14 of 1948), the Indian Tramways Act, 1902 (4 of 1902), the Land Acquisition (Mines) Act, 1885 (18 of 1885), the Indian Railways Act, 1890 (9 of 1890), the Coal Bearing Areas Acquisition and Development Act, 1957 (20 of 1957), the Electricity Act, 2003 (36 of 2003) and the National Highways Act, 1956 (48 of 1956) or any other enactment relating to land acquisition dealing with town planning under the State Acts or any other enactment as may be notified by the Central Government: Provided that the appropriate Government shall ensure that the provisions of this Act relating to the determination of compensation and rehabilitation and resettlement being beneficial to the affected families, shall apply in cases of land acquisition under the enactments specified in the Fourth Schedule or as the case may be, notified by the Central Government.

Limits on extent of land.—(1) Subject to the provisions of this Act, the Collector shall, as far as possible, not acquire more land than is proposed to be acquired for the project.

1. (2) No acquisition of land shall be made in case the project can be executed in wasteland or infertile land.
2. (3) The Collector shall, as far as possible, not acquire land in multi-cropped area.

Offices to be public servants.—The Collector, the Administrator, the Rehabilitation and Resettlement Committee and the Land Acquisition, Rehabilitation and Resettlement Authority or any officer or person acting under their direction or authorisation for the purposes of this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

Return of land in certain cases.—When any land acquired under this Act remains unutilised for a period specified in the Act under which such land is acquired or for a period of five years from the date of taking over the possession, the same shall be returned to the original owner or owners or their legal heirs, as the case may be, or to the Land Bank of the appropriate Government by reversion in the manner as may be prescribed by the appropriate Government:

Non-application of this Act in certain cases Non-application of this Act in certain cases.—The provisions of this Act shall not apply to such cases or such class of cases as may be notified by the appropriate Government, by notification, for the purpose of—

1. (a) the defence of India or national security; or
2. (b) any emergencies arising out of natural calamities or any other emergency with the approval of Parliament: Provided that the acquisition for such purposes shall be made by the appropriate Government only after the appraisal by the Expert Group constituted under section 41 and the appropriate Government shall ensure that the extent of land acquired is the minimum area required for such purpose.

Enactments relating to compensation under other Acts to be adjusted.—Where any requirement under any other law for the time being in force provides for the payment of compensation for the acquisition of land, the acquiring body shall pay the compensation in accordance with the First Schedule and the rehabilitation and resettlement in accordance with the Second and Third Schedules.

Act to have overriding effect.—The provisions of this Act shall be in addition to and not, save as herein expressly provided, in derogation of any other law for the time being in force and the provisions of this Act shall have effect notwithstanding anything inconsistent therewith 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 Act.

Provisions of the Act not to apply in certain cases or to apply with certain modifications

1. (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.
2. (2) Subject to sub-section
3. (2) of section 106, the Central Government may, by notification, direct that any of the provisions of this Act relating to the determination of compensation in accordance with the First Schedule and rehabilitation and resettlement specified in the Second and Third Schedules, being beneficial to the affected families, shall apply to the cases of land acquisition under the enactments specified in the Fourth Schedule or shall apply with such exceptions or modifications that do not reduce the compensation or dilute the provisions of this Act relating to compensation or rehabilitation and resettlement as may be specified in the notification, as the case may be.
4. (3) The Central Government shall, by notification, within one year from the date of commencement of this Act, direct that any of the provisions of this Act relating to the determination of compensation and rehabilitation and resettlement specified in the First, Second and Third Schedules, being beneficial to the affected families, shall apply to the cases of land acquisition under the enactments specified in the Fourth Schedule.

Power to amend Schedule

1. (1) The Central Government may, by notification, amend or alter any of the Schedules to this Act, including to add to, or omit therefrom, any items.
2. (2) The Central Government shall, before the issuance of any notification under sub-section (1), lay the draft notification in draft form 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 in two or more successive sessions.
3. (3) The Central Government shall, before the issuance of any notification under sub-section (1), also refer the proposal to amend or alter the Schedules to the Expert Group as constituted under section 41 of this Act for its appraisal and recommendation.

Power of State Legislature to enact any law more beneficial to affected families.—

Nothing in this Act shall prevent a State Legislature from enacting any law to enhance or add to the entitlements enumerated in this Act which confers higher compensation than payable under this Act or make provisions for rehabilitation and resettlement which is more beneficial than provided under this Act.

Option to affected families to avail better compensation and rehabilitation and resettlement.—

1. (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 of land, the affected persons may at their option opt to avail such higher compensation and rehabilitation and resettlement under such State law or policy of the State.
2. (2) Where a person has any option to avail better compensation and rehabilitation and resettlement under any other law for the time being in force, he may opt for the same.

Power to make rules.—

1. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the manner of undertaking Social Impact Assessment study under sub-section
3. (1) of section 4;
   • (b) the manner of conducting public hearing under sub-section
4. (5) of section 5;
   • (c) the LGSA or any other agency to be engaged under sub-section
5. (1) of section 40;
   • (d) the manner of panchayat level public hearing under sub-section
6. (1) of section 41;
   • (e) the composition, procedure and manner of appointment of members of the Expert Group under sub-section
7. (2) of section 7;
   • (f) the areas to be reserved for the purposes of sub-section
8. (5) of section 7;
   • (g) the time-frame for the disposal of the Social Impact Assessment report under sub-section
9. (1) of section 8;
   • (h) the manner and the time-frame for carrying out the survey and undertaking the census of the affected families under sub-section
10. (1) of section 16;
    • (i) the manner of preparation of the Rehabilitation and Resettlement Scheme under sub-section
11. (1) of section 16;
    • (j) the manner of providing and making available the infrastructural amenities under section 16;
    • (k) the manner of conducting evaluation of the Rehabilitation and Resettlement Scheme under sub-section
12. (4) of section 16;
    • (l) the manner of providing of the Rehabilitation and Resettlement entitlements under sub-section
13. (1) of section 31;
    • (m) the manner of appointment of the Administrator and his powers and functions under sub-section
14. (1) of section 43;
    • (n) the manner of appointment of the Commissioner and his powers and functions under sub-section
15. (1) of section 44;
    • (o) the procedure for the constitution of the Rehabilitation and Resettlement Committee under sub-section
16. (1) of section 45;
    • (p) the procedure to be followed by the Rehabilitation and Resettlement Committee under sub-section
17. (3) of section 45;
    • (q) the allowances to be provided to the members of the Monitoring Committee under sub-section
18. (4) of section 49;
    • (r) any other matter which is required to be, or may be, prescribed.

Rules 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 session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions 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.

Rules to be laid before State Legislature.—

1. (1) 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 consists of two Houses, or where such Legislature consists of one House, before that House.

Power to remove difficulties.—

1. (1) If any difficulty arises in giving effect to the provisions of this Part, the State Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.

Repeal and saving.

1. (1) The Land Acquisition Act, 1894 (1 of 1894) is hereby repealed.
2. (2) The provisions of the General Clauses Act, 1897 (10 of 1897) shall apply to the repeal of the said Act, save as otherwise expressly provided in this Act.
3. (3) Notwithstanding the repeal of the Land Acquisition Act, 1894 (1 of 1894), any case of land acquisition proceedings initiated or cases pending under the provisions of the said Act shall, subject to the provisions of this Act, continue or be disposed of in accordance with the provisions of the said Act.

(See section 30) COMPENSATION FOR LAND OWNERS Serial No. Component of compensation package in respect of land acquired under the Act Manner of determination of value 1. Market value of land To be determined as provided under section 26. 2. Factor by which the market value is to be multiplied 1.25 (One decimal two five) 3. Factor by which the market value is to be multiplied for rural areas 2 (Two) 4. Factor by which the market value is to be multiplied for urban areas 1 (One) 5. Solatium 100% of the total compensation as determined under sections 27, 28, 29 and 30. Note.—The factor by which the market value is to be multiplied for the purpose of the compensation amount for rural areas shall be between 1 (one) to 2 (two) as may be notified by the appropriate Government.

ELEMENTS OF REHABILITATION AND RESETTLEMENT ENTITLEMENTS FOR ALL THE AFFECTED FAMILIES (BOTH LAND OWNERS AND THE LIVELIHOOD LOSERS) Sl. No. Elements of Rehabilitation and Resettlement Entitlements (1) (2) (3) 1. Provision of housing units in case of displacement: (a) If a house is lost in rural areas, a constructed house shall be provided as per the Indira Awas Yojana

Provision of infrastructural amenities 1. The infrastructural amenities to be provided in the resettlement area shall include the following: (a) in case of relocation of village, the resettlement area shall be laid out with a provision for proper housing, social infrastructure and other amenities as per the norms issued by the State Government; (b) the infrastructural facilities shall include— (i) roads as per grid connectivity, (ii) proper drainage as well as sanitation, (iii) safe drinking water, (iv) electricity for each house and street lighting, (v) primary school, (vi) primary healthcare centre, (vii) playground, (viii) village path with gravels, (ix) place for worship and recreation, (x) formal landscape, (xi) appropriate security for common property resources; (c) the infrastructural amenities to be provided in case of urban displacement shall include— (i) safe drinking water, (ii) sufficient potable water for households, (iii) drainage and sanitation, (iv) electricity, (v) community centre, (vi) fair price shops, (vii) government dispensary, (viii) postal services, (ix) transport facilities, (x) playground, (xi) parking space, (xii) formal landscape, (xiii) security; (d) in case of any other infrastructure, the same shall be provided as per the policy of the appropriate Government.

(See section 105) List of Enactments Regulating Land Acquisition, Rehabilitation and Resettlement 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 Corporation Act, 1948 (14 of 1948). 4. The Indian Tramways Act, 1902 (11 of 1902). 5. The Land Acquisition (Mines) Act, 1885 (18 of 1885). 6. The Metro Railways (Construction of Works) Act, 1978 (33 of 1978). 7. The National Highways Act, 1956 (48 of 1956). 8. The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962). 9. The Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952). 10. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (60 of 1948). 11. The Coal Bearing Areas Acquisition and Development Act, 1957 (20 of 1957). 12. The Electricity Act, 2003 (36 of 2003). 13. The Railways Act, 1989 (24 of 1989).