section 19
Publication of declaration and summary of Rehabilitation and Resettlement
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Gujarat Amendment) Act, 2013Civil2013117 sections13 chapters
Part IV NOTIFICATION AND ACQUISITION
Statutory text
Publication of declaration and summary of Rehabilitation and Resettlement.
- (1) When the appropriate Government is satisfied, after considering the report, if any, made under sub-section
- (2) of section 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.
- (2) The declaration referred to in sub-section
- (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.
- (3) The declaration referred to in sub-section
- (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.
- (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:
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