LexThe RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (KARNATAKA AMENDMENT) ACT, 2019
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KARNATAKA ACT NO. 16 OF 2019
THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT (KARNATAKA AMENDMENT) ACT, 2019
Arrangement of Sections
Sections:
1. Short title and commencement
2. Amendment of section 2
3. Insertion of new Chapter III-A
4. Insertion of new section 23-A
5. Amendment of section 24
6. Insertion of new Chapter IV-A
7. Insertion of new section 31-A
8. Insertion of new section 33-A
9. Amendment of section 46
10. Substitution of section 87
11. Amendment of Section 101
12. Amendment of Section 109
13. Act to override any Judgement, decree or order of any court or Authority
STATEMENT OF OBJECTS AND REASONS
The State Governments of Gujarat, Telangana, Tamilnadu, Maharashtra and Andhra Pradesh
have made certain amendments to the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) (hereinafter referred
to as the Principal Act) its application to the concerned States.
The State of Kar nataka aims to grow at very fast rate. For this purpose with the help of
Government of India, various megha projects in the sectors of infrastructure, communications,
constructions of national highways, new railway lines and drinking water projects etc., h ave been
sanctioned. All these projects require that the land be made available immediately, otherwise there
will be high escalation in the costs and also the benefits of development will be delayed considerably
harming the interest of general public.
The State of Karnataka is facing difficulties in acquiring land under the provisions of the
Principal Act. Therefore, in order to facilitate land acquisition for various development projects of
Karnataka in the public interest, considered necessary to amend the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of
2013) in its application to the State of Karnataka inter alia seeks to,-
(i) exempt certain projects vital to national secu rity, defence, irrigation, drinking water
projects and other projects from the requirement of Chapter- II and III of the Principal
Act;
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(ii) enable the Deputy Commissioner to pass an award for acquiring the land without
making further enquiry;
(iii) exclude the period during which land acquisition proceedings where held up on
account of any proceedings of the Court from computing the period specified in sub -
section (2) of Section 24;
(iv) enable the State Government by entering into agreement voluntary acquisition of
land for the public purpose;
(v) enable the State Government to acquire the land specified for projects by paying lump
sum amount in lieu of rehabilitation and resettlement;
(vi) enable the State Government to recovery of the amount wrongfully paid to any person
under the Principal Act;
(vii) make a provision for prosecution for offences by Government officials, after getting
saction under the provisions of section 197 of the Code of Criminal procedure, 1973
(Central Act 02 of 1974);
(viii) make a provision regarding the pr ovisions of the Principal Act not to apply to certain
Karnataka Acts or to apply with certain modifications;
(ix) certain other amendments incidental to or consequential thereof are also made.
Hence the Bill.
[L.A. Bill No. 03 of 2019, File No. Samvyashae 03 Shasana 2019]
[Entry 6 and 42 of List III of the Seventh Schedule to the Constitution of India.]
[The provisions of the Right to Fair Compensation and Transparency in Land A cquisintion,
Rehabilitation and Resettlment (Karnataka Amendment) B ill, 2019 were repugnant to the provisions
of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (Central Act 30 of 2013 ) and the Registration Act, 1908 (Central Act 16 of
1908) which are central Laws in force. Therefore the Hon’ble Governor reserved the said Bill for the
consideration of His Excellency, the President of India under Article 200 of the Constitution of India
as required by clause (2) of Article 254]
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KARNATAKA ACT NO. 16 OF 2019
(First Published in the Karnataka Gazette Extra-ordinary on the Twentythird day of July, 2019)
THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT (KARNATAKA AMENDMENT) ACT, 2019
(Received the assent of President on the Sixteenth day of July, 2019)
An Act to amend the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 in its application to the State of Karnataka.
Whereas, it is expedient to amend the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013), in its application
to the State of Karnataka for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Seventieth year of the Republic of
India as follows:-
1. Short title and commencement. – (1) This Act may be called the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Karnataka
Amendment) Act, 2019.
(2) It shall come into force at once.
2. Amendment of section 2. - In the Right to Fair Compensation and Transparency in L and
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 inserted,
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."
3. Insertion of new Chapter III- A.- In the principal Act, after Chapter III, the following new
chapter III-A shall be inserted, namely:-
"CHAPTER III-A
Provisions of chapter II and chapter III not to apply to certain projects
10-A. Power of State Government to exempt 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:-
(a) such projects vital to national security or defence of India and every part thereof,
including preparation for defence or defence production;
(b) infrastructure projects including educational institutions, Hospitals, Government or
Local Self Government Offices electrification, irrigation projects and drinking water
projects; and
(c) affordable housing and housing for the poor people."
(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 State Government for s pecific projects from time to
time and notified as such in State Gazette); and
(e) infrastructure projects, including projects under public -private partnership where the
ownership of the land continues to vest with the State 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”
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4. Insertion of new section 23 -A.- In the principal Act, after section 23, the followi ng
section shall be inserted, namely:-
“23-A. Award of Deputy Commissioner without enquiry in case of agreement of
interested persons: - (1) Notwithstanding anything contained in section 23, if at any stage of the
proceedings, the Deputy Commissioner is sat isfied 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 Deputy
Commissioner 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) The determination of compensation for any land under sub -section (1) shall not in any
way affect the determination of compensation in respect of other land in the same locality or
elsewhere in accordance with the other provisions of this Act.
(3) Notwithstanding anything contained in the Registration Act, 1908(Central Act 16 of 1908),
no agreement made under sub-section (1) shall be liable to registration under that Act.
5. Amendment of section 24.- In the principal Act, in section 24, in sub-section (2),-
(1) in the existing proviso for the words "where an award has been made" the words "where
the said award has been made five years or more prior to the commencement of this Act" shal l be
substituted; and
(2) after the existing proviso, the following proviso shall be inserted, 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 th e 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 new Chapter IV -A.- In the principal Act, after Chapter- IV, the following new
Chapter IV-A shall be inserted, namely:-
“CHAPTER IV-A
Voluntary acquisition of land
30-A. Acquisition of land by the State Government by entering into agreement
voluntary Acquisition of Land. - (1) Notwithstanding anything contained in this 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 Authorised Officer may enter into an agreement with the
willing land owner to sell the land in favour of the State Government for the matters specified
therein in a prescribed form.
(2) The State Government or its authorized officer shall pass an order in terms of agreement
under sub-section (1) for acquisition, and the substance of the order shall be notified in the official
Gazette. On such publication of notification, the title, o wnership and all interests of the land owner
who enters into agreement shall vest with the State Government free from all encumbrances.
(3) Notwithstanding anything contained in the Registration Act, 1908(Central Act16 of 1908)
no agreement entered under sub-section (1) shall be liable for registration under that Act.
(4) If any family, other than the family of the land owner who entered into an agreement, is
affected by the acquisition of land under this section, the State Government shall pay a lump -sum
amount towards rehabilitation and resettlement if any, as prescribed in the rules made thereunder:
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Provided that, no agreement or the lump -sum amount towards rehabilitation and
resettlement as may be prescribed, shall be abnormally at variance to the disadv antage of the land
owners.
7. Insertion of new section 31 -A.- In the principal Act, after section 31, the following
section shall be inserted, namely:-
"31-A. Payment of Lump -sum amount by State Government. - 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 33 -A.- In the principal Act, after section 33, the following new
section 33A shall be inserted, namely:-
"33-A. Recovery of the amount wrongfully paid. - 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 authorised person or the
Deputy Commissioner shall recover the same as arrears of land revenue."
9. Amendment of section 46. - 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 87. - In the Principal Act, for section 87 the following shall be
substituted, namely:-
"87. Offences by Government Officials. - 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 (Central Act 2 of 1974) is followed."
11. Amendment of Secti on 101. - 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 109. - In the principal Act in section 109, in sub -section (2),
after clause (u) the following clause shall be inserted, namely:-
"(v) to give effect to the Right to Fair compensation and Transparency in Land Acquisition
Rehabilitation and Resettlement (Karnataka Amendment) Act, 2019”.
13. Act to override any Judgement, decree or order of any court or Authority. - The
provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement (Karnataka Amendment) Act, 2019 s hall have effect notwithstanding anything
contained in any law of judgement or order of any Court or authority.
By Order and in the name of the Governor of Karnataka,
K.DWARAKANATH BABU
Secretary to Government
Department of Parliamentary Affairs