The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

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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 humane, participative, informed and transparent 
process for land acquisition for industrialisation, development of essential infrastructural 
facilities and urbanisation with the least disturbance to the owners o f the land and other 
affected families and provide 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 th eir rehabilitation and 
resettlement and for ensuring 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 except the State of Jammu and Kashmir. 
(3) It shall come into force on such date 1 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, R ehabilitation and 
Resettlement Bill, 2013 receives the assent of the President. 
2. Application of Act. –(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, 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, dated the 
27th March, 2012, excluding p rivate hospitals, private educational institutions and private 
hotels; 
(ii) projects involving agro-processing, supply of inputs to agriculture, warehousing, cold 
storage facilities, marketing infrastructure for agriculture and allied activities such as da iry, 
fisheries, and meat processing, set up or owned by the appropriate Government or by a 
farmers' cooperative or by an institution set up under a statute; 
(iii) project for industrial corridors or mining activities, national investment and 
                                                           
1. 1st January 2014, vide notification No. 3729 (E), dated 19th December, 2013, see Gazette of India, Extraordinary, Part II, 
sec. 3(ii).  
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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 research 
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 p ersons 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 projec ts, 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 land 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 beco me 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 negotiations 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 
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. 
  
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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 under 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 dependent 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 thre e years or more 
prior to the acquisition of the land or whose primary source of livelihood for three years prior 
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; 
(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 territory 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 acquisition 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; 
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(g) ―Collector‖ means the Collector of a revenue district, and includes a Deputy Commissioner 
and any officer specially designated by the ap propriate 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 settlement 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 lan d has been acquired or proposed to be acquired or other families 
affected by such acquisition; 
(vii) cost of undertaking ‗Social impact Assessment study‘; 
(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 per sons, 
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 1908) 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: 
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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; 
(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 Mu nicipality 
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; 
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(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 Gover nment either for 
its own use or for subsequent transfer of such land is 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. 
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. –(1) Whenever the appropriate Government 
intends to acquire land for a public purpose, it shall consult the concerned Panchayat, Municip ality 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 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 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 r eport 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 proper ties 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; 
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(e) whether land acquisition at an alternate place has been considered and found not feasible; 
(f) study of social impacts of the project, 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 the 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, sanita tion, sources of drinking 
water, sources of water for 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, places 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 prepa re a Social Impact Management Plan, listing the ameliorative measures 
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 p rogramme, 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 ensure 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 p ublished 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. 
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(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 be initiated in 
respect of the same: 
Provided that the grounds for such recomm endation 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 
(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 public 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 M unicipal 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 appropr iate 
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. 
14 
 
9. Exemption from S ocial 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 
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 falling un der 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. 
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 acquired 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 referred 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 Administr ator 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 o f publication of such 
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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 operation 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, before 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; 
(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 part of any standing crop, fence or jungle: 
Provided that no act under clauses (a) to (e) in respect of land shall be conducted in the absence of 
the owner of the land or in the absence of any person authorised in writing by the owner: 
Provided further that the acts specified under the first proviso may be undertaken in the absence of 
the owner, if the owner has been afforded a reasonable opportunity to be present during the survey, by 
giving a notice of at least sixty days prior to such survey: 
Provided also 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. 
13. Payment for damage.–The officer so authorised  under section 12 shall at the time of entry 
under section 12 pay or tender payment for any damage caused, 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. 
14. Lapse of Social Impact Assessment report. –Where a preliminary notification under section 
11 is not issued within twelve months from the date of appraisal of the Social Im pact Assessment 
report submitted by the Expert Group under section 7, then, such report shall be deemed to have lapsed 
and a fresh Social Impact Assessment shall be required to be undertaken prior to acquisition 
proceedings under section 11: 
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. 
15. Hearing of objections. –(1) Any person interested in any land which has been notified under 
sub-section (1) of section 11, as being required or likely to be required for a public pur pose, 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; 
16 
 
(b) justification offered for public purpose; 
(c) the findings of the Social Impact Assessment report. 
(2) Every objection under sub -section (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 sha ll, 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 (1) of section 11, or make different reports in respect of di fferent 
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. 
(3) The decision of the appropriate Government on the objections made under sub-section (2) shall 
be final. 
16. Preparation of Rehabilitation and Resettlement Scheme by the Administrator. –(1) Upon 
the publication of the preliminary notification under sub -section (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 within such time as may be prescribed, which shall include— 
(a) particulars of lands and immovable properties being acquired of each affected family; 
(b) livelihoods lost in respect of land losers and landless whos e livelihoods are primarily 
dependent on the lands being acquired; 
(c) a list of public utilities and Government buildings which are affected or likely to be 
affected, where resettlement of affected families is involved; 
(d) details of the amenities and in frastructural facilities which are affected or likely to be 
affected, where resettlement of affected families is involved; and 
(e) details of any common property resources being acquired

Excerpt shown. Open the full act in Lexace.

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