The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Telangana Amendment) Act, 2016

1. (1) This Act may be called the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Telangana Amendment) Act, 2016.
2. (2) The Act shall be deemed to have come into effect on 1st January, 2014.
3. (3) The provisions of this Amendment Act shall have effect notwithstanding anything contained in any law or judgment or order of any Court or authority, without affecting the vested rights.

[Marginal Note: Amendment of section 2. Central Act 30 of 2013.] 2. In the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the principal Act), in section 2, in sub-section (2), after the second proviso, the following proviso shall be added, namely:- "Provided also that the acquisition of land for the projects listed in section 10A and the purposes specified therein shall be exempted from the provisions of the first proviso to this sub-section.".

[Marginal Note: Insertion of new Chapter III A.] 3. In the principal Act, after Chapter III, the following new Chapter III A shall be inserted:-

Provisions of chapter II and chapter III not to apply to certain projects

The State Government may, in the public interest, by notification in the Official Gazette, exempt any of the following projects from the application of the provisions of Chapter II and Chapter III of this Act, namely:-

1. (a) such projects vital to national security or defence of India and every part thereof, including preparation for defence or defence production;
2. (b) infrastructure including electrification and irrigation projects;
3. (c) affordable housing and housing for the poor people;
4. (d) industrial corridors set up by the State Government and its undertaking (in which case the land shall be acquired up to such distance on both sides of designated railway lines or roads and as specified by the Government for specific projects from time to time and notified as such in State Gazette); and
5. (e) infrastructure projects, including projects under public-private partnership where the ownership of the land continues to vest with the Government: Provided that the State Government shall, before the issue of notification, ensure the extent of land for the proposed acquisition keeping in view the minimum land required for such project.". 4. Insertion of new section [Marginal Note: Insertion of new section 23A.] 4. In the principal Act, after section 23, the following section shall be inserted, namely:-

1. (1) Notwithstanding anything contained in section 23, if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed by rules made by the State Government, he may, without making further enquiry, make an award according to the terms of such agreement.
2. (2) The determination of compensation for any land under sub-section
3. (1) shall not in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act.
4. (3) Notwithstanding anything contained in the Registration Act, 1908, no agreement made under sub-section
5. (1) shall be liable to registration under that Act.”. 5. Amendment of section In the principal Act, in section 24, in sub-section (2),-
6. (1) in the existing proviso, for the phrase "where an award has been made" the phrase "where the said award has been made 5 years or more prior to the commencement of this Act" shall be substituted;
7. (2) after the existing proviso, the following proviso shall be added, namely:- " Provided further that in computing the period referred to in this sub-section, any period or periods during which the proceedings for acquisition of the land were held up on account of any order, stay, suspension or injunction issued by any Court or the period specified in the award of a Tribunal for taking possession or such period where possession has been taken but the compensation is lying deposited in a Court or in any designated account maintained for this purpose, shall be excluded.”." 6. Insertion of Chapter IVA In the principal Act, after Chapter-IV, the following new Chapter IV-A shall be inserted, namely:- “CHAPTER IV A Voluntary acquisition of land

1. (1) Notwithstanding anything contained in the principal Act, or any other law, whenever it appears to the State Government that the land is needed in any area for any public purpose, the State Government or its Authorized Officer will enter into an agreement with the willing land owner to sell the land in favour of the State for the matters specified therein in a prescribed form.
2. (2) The State Government or its Authorized Officer shall pass an order in terms of agreement under sub-section
3. (1) for acquisition, and the substance of the order shall be notified in the Gazette. On such publication of notification, the title, ownership and all interests of the land owner who enters into agreement, shall vest with the State, free from all encumbrances.
4. (3) Notwithstanding anything contained in the Registration Act, 1908, no agreement entered under sub-section
5. (1) shall be liable to registration under that Act.
6. (4) If any family, other than the family of the land owner who entered into an agreement, is affected by the acquisition of this section, the State Government shall pay a lumpsum amount towards rehabilitation and resettlement, if any, as prescribed in the rules framed hereunder: Provided that no agreement or the lump-sum amount towards rehabilitation and resettlement as may be prescribed, shall be abnormally at variance to the disadvantage of the land owners.”." 7. Insertion of new section In the principal Act, after section 31, the following section shall be inserted, namely:-

Notwithstanding anything contained in this Act, whenever the land is to be acquired for any projects as notified in section 10 A, it shall be competent for the State Government to pay such lump sum amount as may be prescribed in the rules in lieu of Rehabilitation and Resettlement: Provided that the payment of such lump-sum amount in lieu of Rehabilitation and Resettlement as may be prescribed, shall not be abnormally at variance to the disadvantage of the affected families.”."

8. Insertion of new section In the principal Act, after section 33, the following new section 33A shall be inserted, namely:-

Notwithstanding anything contained in any other law, the authority in a reference under section 64 or the High Court in appeal under section 74, or any other authority in any legal proceedings find that the money has been wrongfully paid to any person under this Act, the State Government or its authorized person or Collector shall recover the same as arrears of land revenue.”.

9. Amendment of section In the principal Act, in section 46, in sub-section (6), in the Explanation, in clause (b), the words “any person other than:” shall be omitted.

10. Substitution of section In the principal Act, for section 87 along with the marginal heading, the following section shall be substituted, namely:-

Where any offence under this Act has been committed by any person who is or was employed in the Central Government or the State Government, as the case may be, at the time of commission of such alleged offence, the Court shall take cognizance of such offence provided the procedure laid down in section 197 of the Code of Criminal Procedure, 1973 is followed.”.

11. Amendment of section In the principal Act, in section 101, for the words “a period of five years”, the words “a period specified for setting up of any project or for five years, whichever is later,” shall be substituted.

12. Amendment of section In the principal Act, in section 109, in sub-section (2), after clause

1. (u) the following clause shall be added, namely:- “(v) to give effect to the Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Telangana Amendment) Act, 2016.”.