C-Examination of Proposal by a Committee Constituted by the Appropriate Government, 8. Approved Rehabilitation and Resettlement Scheme to be made public. 40. 5. 1. 1. property for acquisition of which proceedings have been Resignation and removal. 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; c. only the minimum area of land required for the project is proposed to be acquired; d. there is no unutilized land which has been previously acquired in the area; e. the land, if any, acquired earlier remained unutilized, is used for such public purpose and make recommendations in respect thereof. 58. Urgency clause. Tribes, Section 42. 3. Provided that in cases the landowning project affected family wishes to avail of this offer, an equivalent amount will be deducted from the land acquisition compensation package payable to it. without unnecessary inconvenience. Where the market value under sub-section (1) or sub-section (2) cannot be determined for the reason that—, a. the land is situated in such area where the transactions in land are restricted by or under any other law for the time being in force in that area; or, b. the registered sale deeds or agreements to sell as mentioned in clause (a) of sub-section (1) for similar land are not available for the immediately preceding three years; or. 2. Section 48A Maharashtra: Nagpur (City) . 62. Every appeal referred to under sub-section (1) shall be heard as expeditiously as possible and endeavor shall be made to dispose of such appeal within six months from the date on which the appeal is presented to the High Court. In addition to the market value of the land provided under section 27, the Collector shall, in every case, award an amount calculated at the rate of twelve per cent. 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. 85. No court shall take cognizance of any offence under this Act which is alleged to have been committed by a Requiring Body except on a complaint in writing made by the Collector or any other officer authorised by the appropriate Government or any member of the affected family. 1. 115. Subject to the superintendence, directions and control of the appropriate Government and the Commissioner for Rehabilitation and Resettlement, the formulation, execution and monitoring of the Rehabilitation and Resettlement Scheme shall vest in the Administrator. Salary and allowances and other terms and conditions of service of Presiding Officers. Details of each component of infrastructural amenities mentioned under column (2) against serial numbers 1 to 25 should be indicated by the acquirer of land, The Fourth Schedule (See Section 106) List of Enactments Regulating Land Acquisition and Rehabilitation and Resettlement, B&B Associates LLP Advocates & Legal Consultants Chandigarh - Panchkula - Noida - Faridabad - Dehradun - Lucknow - Ludhiana. Indira Awas Yojana specifications. When the amount of compensation has been settled, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such disputes to the Authority. Per annum shall be payable from the date of expiry of the said period of one year on the amount of such excess or part thereof which has not been paid into Authority before the date of such expiry. 2 Commencement The salaries and allowances and other conditions of service of the Registrar and other officers and employees of an Authority shall be such as may be prescribed. Filling up of vacancies. possession of any land needed for a public purpose and such b. two representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation, as the case may be; d. a technical expert in the subject relating to the project. Additional compensation in case of multiple displacements, Section Project for water harvesting and water conservation structures, sanitation; v. Project for Government administered, Government aided educational and research schemes or institutions; vi. Exemption from Social Impact Assessment. No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall be competent to try any offence punishable under this Act. The Collector shall pass Rehabilitation and Resettlement Awards for each affected family in terms of the entitlements provided in the Second Schedule. initiated under sub-section (I) of this section: Provided that no additional compensation will be required 1. The Rehabilitation and Resettlement Award shall include all of the following, namely:—. 5. Grazing land as per proportion acceptable in the State. 2. Repeal and saving. What are the rights of an arrested person? 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 lest eighty per cent of those affected families, as defined in sub-clauses (i) and (v) of clause (c) of section 3; and. When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Collector shall pay the amount awarded with interest thereon at the rate of nine per cent. The title 1894 - The name of old law sounds like the primary purpose was the acquisition of land. The Indian Tramways Act, 1886 (11 of 1886). Where no declaration is made under section 20 within twelve months from the date of preliminary notification, then such notification shall be deemed to have been rescinded. 8. 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, or 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. per annum on such market value for the period commencing on and from the date of the publication of the notification of the Social Impact Assessment study under sub-section (2) of section 4, in respect of such land, till the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. “prescribed” means prescribed by rules made under this Act; z. Acquisition of Land for Public purposes. Investment of money deposited in other cases. 1. 3. Collector’s statement to Authority. 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. 46. 1. Application of Act. The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958). showing the law as at 1 January 2013 . 2. Subject to sub-section (3), the provisions of this Act shall not apply to the enactments relating to land acquisition specified in the Fourth Schedule. The Collector shall keep open to the public and display a summary of the entire proceedings undertaken in a case of acquisition of land including the amount of compensation awarded to each individual along with details of the land finally acquired under this Act on the website created for this purpose. To be determined as provided under section 26. This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act. 18. Review of the Rehabilitation and Resettlement Scheme. Terms of office of Presiding Officer. Every award under this Chapter shall be in writing signed by the Presiding Officer of the Authority, and shall specify the amount awarded under clause first of sub-section (1) of section 24, and also the amounts (if any) respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts. b. the social costs and adverse social impacts of the project outweigh the potential benefits, it shall make a recommendation within two months for 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 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. Section 21 98. Revised Edition . demurrage to be paid for damages caused to the land and standing crops in the process of acquisition; iii. 70. 45. Explanation.— For the removal of doubts it is hereby declared that solatium amount shall be in addition to the compensation payable to any person whose land has been acquired. 1. 21. Explanation .— In computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded. 2. Enquiry and land acquisition award by Collector. per annum from the time of so taking possession until it shall have been so paid or deposited: 1. Particulars of apportionment to be specified. Where an offence under this Act has been committed by any department of the Government, the head of the department, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render any person liable to any punishment if such person proves that the offence was committed without his knowledge or that such person exercised all due diligence to prevent the commission of such offence. 41 Special Provision for Scheduled Castes and Scheduled The Collector for the purpose of assessing the value of the standing crops damaged during the process of land acquisition, may use the services of experienced persons in the field of agriculture as may be considered necessary by him. No land use change shall be permitted if rehabilitation and resettlement is not complied with in full. Land Acquisition Commissioner, following Vejravelu's case it was held that section 40-B, A. P. (Telengana Area) Housing Board Act, 1956, as amended in 1962 violated Article 14 as the basis provided for assessing compensation under that section was different from that provided by section 23 of the Land Acquisition Act, 1894. 107. Determination of Market Value of land by collector, Section 27 The procedure regulating the discharge of the process given in this section and other matters connected thereto of the Rehabilitation and Resettlement Committee shall be such as may be prescribed by the appropriate Government. Section 40 Special powers in case of urgency to acquire land in certain cases. any person who is granted forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 or under any other law for the time being in force; or, iii. Home » Bare-acts » Land Acquisition, Rehabilitation and Resettlement Act 2013, by B&B Associates | Aug 1, 2018 | 0 comments. Offences by Government departments. The Collector shall thereupon give notice in writing to the person interested in such land of the purpose for which the same is needed, and shall, for the occupation and use thereof for such term as aforesaid, and for the materials (if any) to be taken there from, pay to them such compensation, either in a gross sum of money, or by monthly or other periodical payments, as shall be agreed upon in writing between him and such persons respectively. The Presiding officer of an Authority shall not be removed from his office except by an order made by the appropriate Government on the ground of proven misbehaviour or incapacity after inquiry in the case of the Presiding Officer of an Authority made by a Judge of a High Court in which the Presiding Officer concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges. OFFICE TIMINGSMonday to Saturday 10:00 am to 06:00 pm.Sundays and Holidays Reserved for urgent & prior appointments. In every resettlement area as defined under this Act, the Collector shall ensure the provision of all infrastructural facilities and basic minimum amenities specified in the Third Schedule. 108. 2. 10. An Act to amend the Land Acquisition Act (Chapter 152 of the 1985 Revised Edition) in relation to the application of the betterment levy, operational improvements, and non‑lot acquisitions in strata developments and to make related amendments to the Building Maintenance and Strata Management Act (Chapter 30C of the 2008 Revised Edition). Shall give immediate notice of any common Property resources being acquired individual single electric connections ( or connection through sources... Lands ; or email address will not be published in the first Schedule a Union (! Of safe drinking water for each family as per sub-section ( 1 shall... 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