LexThe Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Maharashtra · state statute
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THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Application of Act.
3. Definitions.
CHAPTER II
DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE
A.—PRELIMINARY INVESTIGATION FOR DETERMINATION OF SOCIAL IMPACT AND PUBLIC
PURPOSE
4. Preparation of Social Impact Assessment study.
5. Public hearing for Social Impact Assessment.
6. Publication of Social Impact Assessment study.
B.—APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT GROUP
7. Appraisal of Social Impact Assessment report by an Expert Group.
8. Examination of proposals for land acquisition and Social Impact Assessment report by
appropriate Government.
9. Exemption from Social Impact Assessment.
CHAPTER III
SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY
10. Special provision to safeguard food security.
CHAPTER IV
NOTIFICATION AND ACQUISITION
11. Publication of preliminary notification and power of officers thereupon.
12. Preliminary survey of land and power of officers to carry out survey.
13. Payment for damage.
14. Lapse of Social Impact Assessment report.
15. Hearing of objections.
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SECTIONS
16. Preparation of Rehabilitation and Resettlement Scheme by the Administrator.
17. Review of the Rehabilitation and Resettlement Scheme.
18. Approved Rehabilitation and Resettlement Scheme to be made public.
19. Publication of declaration and summary of Rehabilitation and Resettlement.
20. Land to be marked out, measured and planned including marking of specific areas.
21. Notice to persons interested.
22. Power to require and enforce the making of statements as to names and interests.
23. Enquiry and land acquisition award by Collector.
24. Land acquisition process under Act No. 1 of 1984 shall be deemed to have lapsed in certain
cases.
25. Period within which an award shall be made.
26. Determination of market value of land by Collector.
27. Determination of amount of compensation.
28. Parameters to be considered by Collector in determination of award.
29. Determination of value of things attached to land or building.
30. Award of solatium.
CHAPTER V
REHABILITATION AND RESETTLEMENT AWARD
31. Rehabilitation and Resettlement Award for affected families by Collector.
32. Provision of infrastructural amenities in resettlement area.
33. Corrections to awards by Collector.
34. Adjournment of enquiry.
35. Power to summon and enforce attendance of witnesses and production of documents.
36. Power to call for records, etc.
37. Awards of Collector when to be final.
38. Power to take possession of land to be acquired.
39. Additional compensation in case of multiple displacements.
40. Special powers in case of urgency to acquire land in certain cases.
41. Special provisions for Scheduled Castes and Scheduled Tribes.
42. Reservation and other benefits.
CHAPTER VI
PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT
43. Appointment of Administrator.
44. Commissioner for rehabilitation and resettlement.
45. Rehabilitation and resettlement committee at project level.
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SECTIONS
46. Provisions relating to rehabilitation and resettlement to apply in case of certain persons other
than specified persons.
47. Quantification and deposit of rehabilitation and resettlement amount.
CHAPTER VII
NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT
48. Establishment of National Monitoring Committee for rehabilitation and resettlement.
49. Reporting requirements.
50. Establishment of State Monitoring Committee for rehabilitation and resettlement.
CHAPTER VIII
ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY
51. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.
52. Composition of Authority.
53. Qualifications for appointment as Presiding Officer.
54. Terms of office of Presiding Officer.
55. Staff of Authority.
56. Salary and allowances and other terms and conditions of service of Presiding Officers.
57. Filling up of vacancies.
58. Resignation and removal.
59. Orders constituting Authority to be final and not to invalidate its proceedings.
60. Powers of Authority and procedure before it.
61. Proceedings before Authority to be judicial proceedings.
62. Members and officers of Authority to be public servants.
63. Jurisdiction of civil courts barred.
64. Reference to Authority.
65. Collector’s statement to Authority.
66. Service of notice by Authority.
67. Restriction on scope of proceedings.
68. Proceedings to be in public.
69. Determination of award by Authority.
70. Form of award.
71. Costs.
72. Collector may be directed to pay interest on excess compensation.
73. Re-determination of amount of compensation on the basis of the award of the Authority.
74. Appeal to High Court.
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CHAPTER IX
APPORTIONMENT OF COMPENSATION
SECTIONS
75. Particulars of apportionment to be specified.
76. Dispute as to apportionment.
CHAPTER X
PAYMENT
77. Payment of compensation or deposit of same in Authority.
78. Investment of money deposited in respect of lands belonging to person incompetent to
alienate.
79. Investment of money deposited in other cases.
80. Payment of interest.
CHAPTER XI
TEMPORARY OCCUPATION OF LAND
81. Temporary occupation of waste or arable land, procedure when difference as to
compensation exists.
82. Power to enter and take possession and compensation on restoration.
83. Difference as to condition of land.
CHAPTER XII
OFFENCES AND PENALTIES
84. Punishment for false information, mala fide action, etc.
85. Penalty for contravention of provisions of Act.
86. Offences by companies.
87. Offences by Government departments.
88. Cognizance of offences by court.
89. Offences to be non-cognizable.
90. Offences to be cognizable only on complaint filed by certain persons.
CHAPTER XIII
MISCELLANEOUS
91. Magistrate to enforce surrender.
92. Service of notice.
93. Completion of acquisition not compulsory, but compensation to be awarded when not
completed.
94. Acquisition of part of house or building.
95. Acquisition of land at cost of a local authority or Requiring Body.
96. Exemption from income-tax, stamp duty and fees.
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SECTIONS
97. Acceptance of certified copy as evidence.
98. Notice in case of suits for anything done in pursuance of Act.
99. No change of purpose to be allowed.
100. No change of ownership without permission to be allowed.
101. Return of unutilised land.
102. Difference in price of land when transferred for higher consideration to be shared.
103. Provisions to be in addition to existing laws.
104. Option of appropriate Government to lease.
105. Provisions of this Act not to apply in certain cases or to apply with certain modifications.
106. Power to amend Schedule.
107. Power of State Legislatures to enact any law more beneficial to affected families.
108. Option to affected families to avail better compensation and rehabilitation and resettlement.
109. Power of appropriate Government to make rules.
110. Rules made by Central Government to be laid before Parliament.
111. Rules made by State Government to be laid before State Legislature.
112. Previous publication of rules made by Central and State Government.
113. Power to remove difficulties.
114. Repeal and saving.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.
THE FOURTH SCHEDULE.
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THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013
ACT No. 30 OF 2013
[26th September, 2013.]
An Act to ensure, in consultation with institutions of local self -government and Gram Sabhas
established under the Constitution, a huma ne, participative, informed and transparent
process for land acquisition for industrialisation, development of essential infrastructural
facilities and urbanisation with the least disturbance to the owners of the land and other
affected families and provid e just and fair compensation to the affected families whose
land has been acquired or proposed to be acquired or are affected by such acquisition and
make adequate provisions for such affected persons for their rehabilitation and
resettlement and for ensur ing that the cumulative outcome of compulsory acquisition
should be that affected persons become partners in development leading to an
improvement in their post acquisition social and economic status and for matters
connected therewith or incidental thereto.
BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. –(1) This Act may be called the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
(2)It extends to the whole of India 1***.
(3) It shall come into force on such date 2 as the Central Government may, by notification in the
Official Gazette, appoint:
Provided that the Central Government shall appoint such date within three months from the date
on which the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Bill, 2013 receives the assent of the President.
2. Application of Act. –(1) The provisions of this Ac t 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, namely:—
(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; or
(b) for infrastructure projects, which includes the following, namely:—
(i) all activities or items listed in the notification of the Government of India in the
Department of Economic Affairs (Infrastructure Section) number 13/6/2009 -INF, dat ed the
27th March, 2012, excluding private hospitals, private educational institutions and private
hotels;
(ii) projects involving agro-processing, supply of inputs to agriculture, warehousing, cold
storage facilities, marketing infrastructure for agricult ure and allied activities such as dairy,
fisheries, and meat processing, set up or owned by the appropriate Government or by a
1. The word “except the State of Jammu and Kashmir omitted by Act 34 of 2019, s. 95, and the Fifth Schedule (w.e.f. 31-10-
2019).
2. 1st January 2014, v ide notification No. 3729(E), dated 19th December, 2013, see Gazette of India, Ex traordinary, Part II,
sec. 3(ii).
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farmers’ cooperative or by an institution set up under a statute;
(iii) project for industrial corridors or mining activities, na tional investment and
manufacturing zones, as designated in the National Manufacturing Policy;
(iv) project for water harvesting and water conservation structures, sanitation;
(v) project for Government administered, Government aided educational and resear ch
schemes or institutions;
(vi) project for sports, health care, tourism, transportation or space programme;
(vii) any infrastructure facility as may be notified in this regard by the Central Government
and after tabling of such notification in Parliament;
(c) project for project affected families;
(d) project for housing for such income groups, as may be specified from time to time by the
appropriate Government;
(e) project 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;
(f) project for residential purposes to the poor or landless or to persons residing in areas
affected by natural calamities, or to persons displaced or affected by reason of the implementation
of any scheme undertaken by the Government, any local authority or a corporation owned or
controlled by the State.
(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, where 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):
Provided that in the case of acquisition for—
(i) private companies, the prior consent of at least eighty per cent, of those affected
families, as defined in sub-clauses (i) and (v) of clause (c) of section 3; and
(ii) public private partnership projects, the prior consent of at least seventy per cent. of
those affected families, as defined in sub-clauses (i) and (v) of clause (c) of section 3,
shall be obtained through a process as may be prescribed by the appropriate Government:
Provided further that the process of obtaining the consent shall be carried out along with the Social
Impact Assessment study referred to in section 4:
Provided also that no la nd shall be transferred by way of acquisition, in the Scheduled Areas in
contravention of any law (including any order or judgment of a court which has become final) relating
to land transfer, prevailing in such Scheduled Areas.
(3) The provisions relating to rehabilitation and resettlement under this Act shall apply in the cases
where,—
(a) a private company purchases land, equal to or more than such limits in rural areas or urban
areas, as may be prescribed by the appropriate Government, through private n egotiations with the
owner of the land in accordance with the provisions of section 46;
(b) a private company requests the appropriate Government for acquisition of a part of an area
so prescribed for a public purpose:
Provided that where a private company requests the appropriate Government for partial
acquisition of land for public purpose, then, the rehabilitation and resettlement entitlements under
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the Second Schedule shall be applicable for the entire area which includes the land purchased by
the private company and acquired by the Government for the project as a whole.
STATE AMENDMENTS
Andhra Pradesh
In section 2, of 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”.
[Vide Andhra Pradesh Act 22 of 2018, sec. 2 (w.e.f. 1-1-2014).]
Maharashtra
In section 2 of the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (30 of 2013), in its application to the State of
Maharashtra (hereinafter referred to as “the principal Act ”), in sub -section (2), after th e 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.”
[Vide Maharashtra Act 37 of 2018, sec. 2 (w.e.f. 26-4-2018).]
3. Definition.–In this Act, unless the context otherwise requires,—
(a) “Administrator” means an officer appointed for the purpose of rehabilitation and
resettlement of affected families under sub-section (1) of section 43;
(b) “affected area” means such area as may be notified by the appropriate Government for the
purposes of land acquisition;
(c) “affected family” includes—
(i) a family whose land or other immovable property has been acquired;
(ii) a family which does not own any land but a member or members of such family may
be agricultural labourers, tenants including any form of tenancy or holding of usufruct right,
share-croppers or artisans or who may be working in the affected area for three years prior to
the acquisition of the land, whose primary source of livelihood stand affected by the
acquisition of land;
(iii) the Scheduled Tribes and other traditional forest dwellers who have lost any of their
forest rights recognised u nder the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 (2 of 2007) due to acquisition of land;
(iv) family whose primary source of livelihood for three years prior to the acquisition of
the land is dependen t on forests or water bodies and includes gatherers of forest produce,
hunters, fisher folk and boatmen and such livelihood is affected due to acquisition of land;
(v) a member of the family who has been assigned land by the State Government or the
Central Government under any of its schemes and such land is under acquisition;
(vi) a family residing on any land in the urban areas for preceding three years or more
prior to the acquisition of the land or whose primary source of livelihood for three years prio r
to the acquisition of the land is affected by the acquisition of such land;
(d) “agricultural land” means land used for the purpose of—
(i) agriculture or horticulture;
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(ii) dairy farming, poultry farming, pisciculture, sericulture, seed farming breeding of
livestock or nursery growing medicinal herbs;
(iii) raising of crops, trees, grass or garden produce; and
(iv) land used for the grazing of cattle;
(e) “appropriate Government” means,—
(i) in relation to acquisition of land situated within the territor y of, a State, the State
Government;
(ii) in relation to acquisition of land situated within a Union territory (except Puducherry),
the Central Government;
(iii) in relation to acquisition of land situated within the Union territory of Puducherry, the
Government of Union territory of Puducherry;
(iv) in relation to acquisition of land for public purpose in more than one State, the Central
Government, in consultation with the concerned State Governments or Union territories; and
(v) in relation to the acquis ition of land for the purpose of the Union as may be specified
by notification, the Central Government:
Provided that in respect of a public purpose in a District for an area not exceeding such as
may be notified by the appropriate Government, the Collector of such District shall be deemed
to be the appropriate Government;
(f) “Authority” means the Land Acquisition and Rehabilitation and Resettlement Authority
established under section 51;
(g) “Collector” means the Collector of a revenue district, and includes a Deputy Commissioner
and any officer specially designated by the appropriate Government to perform the functions of a
Collector under this Act;
(h) “Commissioner” means the Commissioner for Rehabilitation and Resettlement appointed
under sub-section (1) of section 44;
(i) “cost of acquisition” includes—
(i) amount of compensation which includes solatium, any enhanced compensation ordered
by the Land Acquisition and Rehabilitation and Resettlement Authority or the Court and
interest payable thereon and any other amount determined as payable to the affected families
by such Authority or Court;
(ii) demurrage to be paid for damages caused to the land and standing crops in the process
of acquisition;
(iii) cost of acquisition of land and building for settle ment of displaced or adversely
affected families;
(iv) cost of development of infrastructure and amenities at the resettlement areas;
(v) cost of rehabilitation and resettlement as determined in accordance with the provisions
of this Act;
(vi) administrative cost,—
(A) for acquisition of land, including both in the project site and out of project area
lands, not exceeding such percentage of the cost of compensation as may be specified by
the appropriate Government;
(B) for rehabilitation and resettlement of the owners of the land and other affected
families whose land has been acquired or proposed to be acquired or other families
affected by such acquisition;
(vii) cost of undertaking ‘Social impact Assessment study’;
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(j) “company” means—
(i) a company as defined in section 3 of the Companies Act, 1956 (1 of 1956) other than a
Government company;
(ii) a society registered under the Societies Registration Act, 1860 (21 of 1860) or under
any corresponding law for the time being in force in a State;
(k) “displaced family ” means any family, who on account of acquisition of land has to be
relocated and resettled from the affected area to the resettlement area;
(l) “entitled to act”, in relation to a person, shall be deemed to include the following persons,
namely:—
(i) trustees for other persons beneficially interested with reference to any such case, and
that to the same extent as the person beneficially interested could have acted if free from
disability;
(ii) the guardians of minors and the committees or managers of lunatics to the same extent
as the minors, lunatics or other persons of unsound mind themselves, if free from disability,
could have acted:
Provided that the provisions of Order XXXII of the First Schedule to the Code of Civil
Procedure, 1908 (5 of 19 08) shall, mutatis mutandis , apply in the case of persons interested
appearing before a Collector or Authority by a next friend, or by a guardian for the case, in
proceedings under this Act;
(m) “family” includes a person, his or her spouse, minor children , minor brothers and minor
sisters dependent on him:
Provided that widows, divorcees and women deserted by families shall be considered separate
families.
Explanation.—An adult of either gender with or without spouse or children or dependents
shall be considered as a separate family for the purposes of this Act;
(n) “holding of land” means the total land held by a person as an owner, occupant or tenant or
otherwise;
(o) “infrastructure project” shall include any one or more of the items specified in clause (b) of
sub-section (1) of section 2;
(p) “land” includes benefits to arise out of land, and things attached to the earth or permanently
fastened to anything attached to the earth;
(q) “landless” means such persons or class of persons who may be,—
(i) considered or specified as such under any State law for the time being in force; or
(ii) in a case of landless not being specified under sub -clause (i), as may be specified by
the appropriate Government;
(r) “land owner” includes any person,—
(i) whose name is recorded as the owner of the land or building or part thereof, in the
records of the authority concerned; or
(ii) any person who is granted forest rights under the Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) or under any
other law for the time being in force; or
(iii) who is entitled to be granted Patta rights on the land under any law of the State
including assigned lands; or
(iv) any person who has been declared as such by an order of the court or Authority;
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(s) “local authority ” includes a town planning authority (by whatever name called) set up
under any law for the time being in force, a Panchayat as defined in article 243 and a Municipality
as defined in article 243P, of the Constitution;
(t) “marginal farmer” means a cultivator with an un-irrigated land holding up to one hectare or
irrigated land holding up to one-half hectare;
(u) “market value” means the value of land determined in accordance with section 26;
(v) “notification” means a notification published in the Gazette of India or, as the case may be,
the Gazette of a State and the expression “notify” shall be construed accordingly;
(w) “patta” shall have the same meaning as assigned to it in the relevant Central or State Acts
or rules or regulations made thereunder;
(x) “person interested” means—
(i) all persons claiming an interest in compensation to be made on account of the
acquisition of land under this Act;
(ii) the Scheduled Tribes and other traditional forest dwellers, who have lost any forest
rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 (2 of 2007);
(iii) a person interested in an easement affecting the land;
(iv) persons having tenancy rights under the relevant State laws including share -croppers
by whatever name they may be called; and
(v) any person whose primary source of livelihood is likely to be adversely affected;
(y) “prescribed” means prescribed by rules made under this Act;
(z) “project” means a project for which land is being acquired, irrespective of the number of
persons affected;
(za) “public purpose” means the activities specified under sub-section (1) of section 2;
(zb) “Requiring Body ” means a company, a body corporate, an institution , or any other
organisation or person for whom land is to be acquired by the appropriate Government, and
includes the appropriate Government, if the acquisition of land is for such Government either for
its own use or for subsequent transfer of such land i s for public purpose to a company, body
corporate, an institution, or any other organisation, as the case may be, under lease, licence or
through any other mode of transfer of land;
(zc) “Resettlement Area” means an area where the affected families who have been displaced
as a result of land acquisition are resettled by the appropriate Government;
(zd) “Scheduled Areas” means the Scheduled Areas as defined in section 2 of the Provisions of
the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996);
(ze) “small farmer” means a cultivator with an un-irrigated land holding up to two hectares or
with an irrigated land holding up to one hectare, but more than the holding of a marginal farmer.
STATE AMENDMENT
Jammu And Kashmir and Ladakh (UTS).—
Section 3.-
In clause (e):—
(i) in sub-clause (ii), after “except Puducherry”, insert “and Jammu and Kashmir”;
(ii) in sub-clause (iii), after “Union territory of Puducherry” occurring at both the places, insert
“and Union territory of Jammu and Kashmir”.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws ) Order, 2020, vide
notification No. S.O. 1123(E), dated (18-3-2020).]
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CHAPTER II
DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE
A.—PRELIMINARY INVESTIGATION FOR DETERMINATION OF SOCIAL IMPACT AND
PUBLICPURPOSE
4. Preparation of Social Impact Assessment study. –(1) Whenever the appropriate Government
intends to acquire land for a public purpose, it shall consult the concerned Panchayat, Municipality or
Municipal Corporation, as the case may be, at village level or ward level, in the affected area and carry
out a Social Impact Assessment study in consultation with them, in such manner and from such date as
may be specified by such Government by notification.
(2) The notification issued by the appropriate Government for commencement of consultation and
of the Social Impact Assessment study under sub -section ( 1) shall be made available in the local
language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and in th e
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 uploaded on the website of the
appropriate Government:
Provided that the appropriate Government shall ensure that adequate representation has been given
to the representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation, as the case
may be, at the stage of carrying out the Social Impact Assessment study:
Provided further that the appropriate Government shall ensure the completion of the Social Impact
Assessment study within a period of six months from the date of its commencement.
(3) The Social Impact Assessment study report referred to in sub -section (1) shall be made
available to the public in the manner prescribed under section 6.
(4) The Social Impact Assessment study referred to in sub-section (1) shall, amongst other matters,
include all the following, namely:—
(a) assessment as to whether the proposed acquisition serves public purpose;
(b) estimation of affected families and the number of families among them likely to be
displaced;
(c) extent of lands, public and private, houses, settlements and other common properties likely
to be affected by the proposed acquisition;
(d) whether the extent of land proposed for acquisition is the absolute bare - minimum extent
needed for the project;
(e) whether land acquisition at an alternate place has been considered and found not feasible;
(f) study of social impacts of the proje ct, and the nature and cost of addressing them and the
impact of these costs on the overall costs of the project vis-a-vis the benefits of the project:
Provided that Environmental Impact Assessment study, if any, shall be carried out simultaneously
and shall not be contingent upon the completion of the Social Impact Assessment study.
(5) While undertaking a Social Impact Assessment study under sub -section (1), the appropriate
Government shall, amongst other things, take into consideration the impact that th e project is likely to
have on various components such as livelihood of affected families, public and community properties,
assets and infrastructure particularly roads, public transport, drainage, sanitation, sources of drinking
water, sources of water fo r cattle, community ponds, grazing land, plantations, public utilities such as
post offices, fair price shops, food storage godowns, electricity supply, health care facilities, schools
and educational or training facilities, anganwadis, children parks, pla ces of worship, land for
traditional tribal institutions and burial and cremation grounds.
(6) The appropriate Government shall require the authority conducting the Social Impact
Assessment study to prepare a Social Impact Management Plan, listing the amel iorative measures
13
required to be undertaken for addressing the impact for a specific component referred to in sub -section
(5), and such measures shall not be less than what is provided under a scheme or programme, in
operation in that area, of the Central Government or, as the case may be, the State Government, in
operation in the affected area.
5. Public hearing for Social Impact Assessment .–Whenever a Social Impact Assessment is
required to be prepared under section 4, the appropriate Government shall ens ure that a public hearing
is held at the affected area, after giving adequate publicity about the date, time and venue for the public
hearing, to ascertain the views of the affected families to be recorded and included in the Social Impact
Assessment Report.
6. 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 (6) of section 4 are 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 uploaded on the website of the appropriate Government.
(2) Wherever Environment Impact Assessment is carried out, a copy of the Social Impact
Assessment report shall be made available to the Impact Assessment Agency authorised by the Central
Government to carry out environmental impact assessment:
Provided that, in respect of irrigation projects where the process of Environment Impact
Assessment is required under the provisions of any other law for the time being in force, the provisions
of this Act relating to Social Impact Assessment shall not apply.
B.—APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT GROUP
7. Appraisal of Social Impact Assessment report by an Expert Group. –(1) The appropriate
Government shall ensure that the Social Impact Assessment report is evaluated by an independent
multi-disciplinary Expert Group, as may be constituted by it.
(2) The Expert Group constituted under sub-section (1) shall include the following, namely:—
(a) two non-official social scientists;
(b) two representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation, as
the case may be;
(c) two experts on rehabilitation; and
(d) a technical expert in the subject relating to the project.
(3) The appropriate Government may nominate a person from amongst the members of the Expert
Group as the Chairperson of the Group.
(4) If the Expert Group constituted under sub-section (1), is of the opinion that,—
(a) the project does not serve any public purpose; or
(b) the social costs and adverse social impacts of the project outweigh the potential benefits,
it shall make a recommendation within two months from the date of its constitution to the effect that
the project shall be abandoned forthwith and no further steps to acquire the land will b e initiated in
respect of the same:
Provided that the grounds for such recommendation shall be recorded in writing by the Expert
Group giving the details and reasons for such decision:
Provided further that where the appropriate Government, inspite of such recommendations,
proceeds with the acquisition, then, it shall ensure that its reasons for doing so are recorded in writing.
(5) If the Expert Group constituted under sub-section (1), is of the opinion that,—
(a) the project will serve any public purpose; and
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(b) the potential benefits outweigh the social costs and adverse social impacts,
it shall make specific recommendations within two months from the date of its constitution whether
the extent of land proposed to be acquired is the absolute bare -minimum extent needed for the project
and whether there are no other less displacing options available:
Provided that the grounds for such recommendation shall be recorded in writing by the Expert
Group giving the details and reasons for such decision.
(6) The recommendations of the Expert Group referred to in sub-sections (4) and (5) shall be 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 uploaded on the
website of the appropriate Government.
8. Examination of proposals for land acquisition and Social Impact Assessment report by
appropriate Government.–(1) The appropriate Government shall ensure that—
(a) there is a legitimate and bona fide public purpose for the proposed acquisition which
necessitates the acquisition of the land identified;
(b) the potential benefits and the p ublic purpose referred to in clause (a) shall outweigh the
social costs and adverse social impact as determined by the Social Impact Assessment that has
been carried out;
(c) only the minimum area of land required for the project is proposed to be acquired;
(d) there is no unutilised land which has been previously acquired in the area;
(e) the land, if any, acquired earlier and remained unutilised, is used for such public purpose
and make recommendations in respect thereof.
(2) The appropriate Government shall examine the report of the Collector, if any, and the report of
the Expert Group on the Social Impact Assessment study and after considering all the reports,
recommend such area for acquisition which would ensure minimum displacement of people, minimum
disturbance to the infrastructure, ecology and minimum adverse impact on the individuals affected.
(3) The decision of the appropriate Government shall be 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 uploaded on the website of the appropriate
Government:
Provided that where land is sought to be acquired for the purposes as specified in sub -section (2)
of section 2, the appropriate Government shall also ascertain as to whether the prior consent of the
affected families as required under the proviso to sub -section (2) of section 2, has been obtained in the
manner as may be prescribed.
9. Exemption from Social Impact Assessment. –Where land is proposed to be acquired invoking
the urgency provisions under section 40, the appropriate Government may exempt undertaking of the
Social Impact Assessment study.
CHAPTER III
SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY
10. Special provision to safeguard food security. –(1) Save as otherwise provided in sub -section
(2), no irrigated multi-cropped land shall be acquired under this Act.
(2) Such land may be acquired subject to the condition that it is being done under exceptional
circumstances, as a demonstrable last resort, where the acquisition of the land referred to in sub -
section (1) shall, in aggregate for all projects in a district or State, in no case exceed such limits as may
be notified by the appropriate Government considering the relevant State specific factors and
circumstances.
(3) Whenever multi -crop irrigated land is acquired under sub -section (2), an equivalent area of
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culturable wasteland shall be developed for agricultural purposes or an amount equivalent to the value
of the land acquired shall be deposited with the appropriate Government for investment in agriculture
for enhancing food-security.
(4) In a case not fallin g under sub -section (1), the acquisition of the agricultural land in aggregate
for all projects in a district or State, shall in no case exceed such limits of the total net sown area of
that district or State, as may be notified by the appropriate Government:
Provided that the provisions of this section shall not apply in the case of projects that are linear in
nature such as those relating to railways, highways, major district roads, irrigation canals, power lines
and the like.
STATE AMENDMENTS
Andhra Pradesh
After Chapter III, the following Chapter shall be inserted, namely: -
“CHAPTER III A
PROVISIONS OF CHAPTER II AND CHAPTER HI NOT TO APPLY TO CERTAIN
PROJECTS
10A. Power of State Government to exempt certain projects: –The State Government may, in the
public interest, by notification in the Andhra Pradesh 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 a nd every part thereof, including
preparation for defence or defence production.
(b) rural infrastructure including electrification;
(c) affordable housing and housing for the poor people;
(d) industrial corridors set up by the State Government and its unde rtakings (in which case the
land shall be acquired up to one kilometer on both sides of designated railway lines or roads for
such industrial corridor); and
(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.”
[Vide Andhra Pradesh Act 22 of 2018, sec. 3 (w.e.f. 1-1-2014).]
Maharashtra
After section 10 of the principal Act, the following section shall be inserted, namely:-
“10A. Power of State Government to exempt certain projects
The State Government may, in the public int erest, 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) rural infrastructure including irrigation and electrification;
(c) affordable housing and housing for the poor people;
(d) industrial area or industrial estate set up by the State Government and its undertaking ;
(e) industrial corridor set up by the State Government and its undertaking (in which case the
land shall be acquired up to one kilometre on both sides of designated railway line or roads for
such industrial corridor); and
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(f) inf rastructure projects including projects under public -private partnership where the
ownership of land continues to vest with the Government:
Provided that, the State Government shall, before issue of notification, ensure the extent of
land for the proposed acquisition keeping in view the bare minimum land required for such
project.]
[Vide Maharashtra Act 37 of 2018, sec. 3 (w.e.f. 26-4-2018).]
CHAPTER IV
NOTIFICATION AND ACQUISITION
11. 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, a notification (hereinafter referred to as preliminary notification) to that effect along with
details of the land to be acquir ed in rural and urban areas shall be published in the following manner,
namely:—
(a) in the Official Gazette;
(b) in two daily newspapers circulating in the locality of such area of which one shall be in the
regional language;
(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 Tehsil;
(d) uploaded on the website of the appropriate Government;
(e) in the affected areas, in such manner as may be prescribed.
(2) Immediately after issuance of the notification under sub-section (1), the concerned Gram Sabha
or Sabhas at the village level, municipalities in case of municipal areas and the Autonomous Councils
in case of the areas re ferred to in the Sixth Schedule to the Constitution, shall be informed of the
contents of the notification issued under the said sub -section in all cases of land acquisition at a
meeting called especially for this purpose.
(3) The notification issued under sub-section (1) shall also contain a statement on the nature of the
public purpose involved, reasons necessitating the displacement of affected persons, summary of the
Social Impact Assessment Report and particulars of the Administrator appointed for the purposes of
rehabilitation and resettlement under section 43.
(4) No person shall make any transaction or cause any transaction of land specified in the
preliminary notification or create any encumbrances on such land from the date of publication of such
notification till such time as the proceedings under this Chapter are completed:
Provided that the Collector may, on the application made by the owner of the land so notified,
exempt in special circumstances to be recorded in writing, such owner from the op eration of this sub-
section:
Provided further that any loss or injury suffered by any person due to his wilful violation of this
provision shall not be made up by the Collector.
(5) After issuance of notice under sub -section (1), the Collector shall, befor e the issue of a
declaration under section 19, undertake and complete the exercise of updating of land records as
prescribed within a period of two months.
12. Preliminary survey of land and power of officers to carry out survey. –For the purposes 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 locality;
(b) to dig or bore into the sub-soil;
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(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 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 pExcerpt shown. Open the full act in Lexace.