section 40 of land acquisition act, 2013

Smt. Where the provisions of this Act are put in force for the purpose of acquiring land at the cost of any fund controlled or managed by a local authority or of any Requiring Body, the charges of land incidental to such acquisition shall be defrayed from or by such fund or Requiring Body. (1) Any person interested in any land which has been notified under Section 4, sub-section (1), as being needed or likely to be needed for a public purpose or for a company may, within thirty days form the date of the publication of the notification, object to the acquisition of the land or of any land in the locality, as the case may be. such land as estimated by him to the person interested 67. Revised Edition . n. “holding of land” means the total land held by a person as an owner, occupant or tenant or otherwise; o. If, for any reason other than temporary absence, any vacancy occurs in the office of the Presiding Officer of an Authority then the appropriate Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Authority from the stage at which the vacancy is filled. 3. If a house is lost in urban areas, a constructed house shall be provided, which will be not less than 50 sq mts in plinth area. 68. Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. The Commissioner shall cause the approved Rehabilitation and Resettlement Scheme to 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. entitled thereto. 2. 113. 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. Land acquisition in Malaysia can be divided into two main stages. 15 of 2000) (i.e. 2. Option to affected families to avail better compensation and rehabilitation and resettlement. Completion of acquisition not compulsory, but compensation to be awarded when not completed. 111. 3. if it does so direct, a declaration may be made under 8. 2. The Damodar Valley Corporation Act, 1948 (14 of 1948). shall be deemed to have lapsed in certain cases, Section 25 In addition to the market value of the land, as above provided, the Authority shall in every case award an amount calculated at the rate of twelve per cent. occupier to remove his movable property from such building of the total compensation as determined under section 27 The Collector shall issue individual awards detailing the particulars of compensation payable and the details of payment of the compensation as specified in the First Schedule. Provided that in every project those persons losing land and belonging to the Scheduled Castes or Scheduled Tribes will be provided land equivalent to land acquired or two and a one half acres, whichever is lower. 3. Hearing of objections. No change of ownership without permission to be allowed. 4. Home Actsofparliamentfromtheyear The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Every declaration referred to in sub-section (1) shall be published in the following manner, namely:—. Section 38 Power to take possession of land to be acquired. 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. Section 3(1) Land Acquisition Act 1960 states that: The state Authority may acquire any land, which is needed. 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. 1. of the value so calculated under sub-section (1) or sub-section (2) or sub-section (3) as the case may be: Provided further that the Requiring Body shall in no case compel any owner of the land (whose land has been acquired) to take its shares, the value of which is deductible in the value of the land calculated under sub-section (1): Provided also that the Collector shall, before initiation of any land acquisition proceedings in any area, take all necessary steps to revise and update the market value of the land on the basis of the prevalent market rate in that area: Provided also that the appropriate Government shall ensure that the market value determined for acquisition of any land or property of an educational institution established and administered by a religious or linguistic minority shall be such as would not restrict or abrogate the right to establish and administer educational institutions of their choice. The decision of the appropriate Government on the objections made under sub-section (2) shall be final. 1. When there are several persons interested, if such persons agree in the apportionment of the compensation, the particulars of such apportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment. Where such acquisition does take place it shall be done only as a demonstrable last resort. 1. 2. any building or part of a building under this sub-section 3. 3. 21. 108. Explanation .—For the purposes of this section, “High Court” means the High Court within the jurisdiction of which the land acquired or proposed to be acquired is situated. 1. Separate land must be earmarked for traditional tribal institutions. firstly, the market value as determined under section 27 and the award amount in accordance with the First and Second Schedules; secondly, the damage sustained by the person interested, by reason of the taking of any standing crops and trees which may be on the land at the time of the Collector’s taking possession thereof; thirdly, the damage (if any) sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of severing such land from his other land; fourthly, the damage (if any) sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; fifthly, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 20 and the time of the Collector’s taking possession of the land; and. 2. 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. ... Subject to sub-section (2), the provisions of this Act shall not apply to acquisition of land under the enactments specified in the Fifth Schedule. 2. 3. in force 15 December 1958 . 106. The Collector may, for any cause he thinks fit, from time to time adjourn the enquiry to a day to be fixed by him. Awards of collector when to be final, Section 38 All proceedings before the Authority shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code and the Authority shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973. This edition contains a consolidation of the following laws— Page . who is entitled to be granted Patta rights on the land under any law of the State including assigned lands; or. the appropriate Government, the provisions of sub-section 14. 1. Interpretation P ART II ACQUISITION 3. The top court’s Friday judgment gave clarity on the status of pending cases of land acquisition when the 2013 law was introduced by Parliament, replacing the Land Acquisition Act of 1894. Rescission of preliminary notification. Application of section 3A where there is no development approval 3C. resettlement area, Section 33 Vs The State of Tamil Nadu, Delhi High Court Stays Centre’s Eviction Notice to Padma Vibhushan Awardee Birju Maharaj, Minor Girl Illegally Married to 57-Year Old Man in Hyderabad, 6 Arrested, Bombay HC Grants Bail to a Man Accused of Raping a Woman at the Behest of her Husband, Fired Employee Won Lawsuit against Jaguar Land Rover over Wrongful Termination for Seeking 808 Sick Leaves, AP High Court Rebukes Andhra CM Jaganmohan Reddy; Says High Court, Supreme Court Under Attack by Persons in Power, Component of compensation package in respect of land acquired under the Act. Shortcomings of Land Acquisition Act. 1. a. the area and suitability of land proposed to be acquired; b. justification offered for public purpose; c. the findings of the Social Impact Assessment report. 2. Administrator for Rehabilitation and Resettlement as the Member-Convenor. 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. 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. 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 authorized by such Government in this behalf, and for his servants and workmen,—. For the purpose of enquiries under this Act, the Collector shall have powers to summon and enforce the attendance of witnesses, including the parties interested of any of them, and to compel the production of documents by the same means, and (so far as may be) in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908. The Administrator shall, based on the survey and census under sub-section (1), prepare a draft Rehabilitation and Resettlement Scheme, as prescribed which shall include particulars of the rehabilitation and resettlement entitlements of each land owner and landless whose livelihoods are primarily dependent on the lands being acquired and where resettlement of affected families is involved—. Project for sports, heath care, tourism, transportation of space programme; vii. Publication of preliminary notification and power of officers thereupon. in a case of landless not being specified under clause (a), as may be specified by the appropriate Government; 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. The Administrator shall, with a view to enable him to function efficiently and to meet the special time-frame, be provided with such powers, duties and responsibilities as may be prescribed by the appropriate Government and provided with office infrastructure and be assisted by such officers and employees who shall be subordinate to him as the appropriate Government may decide. 2. After issuance of notice under sub-section (1), the Collector shall, before the issue of a declaration under section 20, undertake and complete the exercise of updating of land records as prescribed within a period of two months. The Authority shall have original jurisdiction to adjudicate upon every reference made to it under section 65. a person interested in an easement affecting the land; iv. 83. If a person, in connection with a requirement or direction under this Act, provides any information that is false or misleading, or produces any false document, he shall be liable to be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one lakh rupees, or with both. Cap. (2) The land for house … 1. 2. 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Projects for strategic purposes relating to naval, military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to natio… The Collector for the purpose of determining the value of trees and plants attached to the land acquired, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him. a. The forest dweller families must be provided, where possible, with their forest rights on non-timber forest produce and common property resources, if available close to the new place of settlement and, in case any such family can continue their access or entry to such forest or common property in the area close to the place of eviction, they must continue to enjoy their earlier rights to the aforesaid sources of livelihood. 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. Punishment for false information, mala fide action, etc. A Presiding Officer shall be appointed by the appropriate Government in consultation with the Chief Justice of a High Court in whose jurisdiction the Authority is proposed to be established. 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. rehabilitation and resettlement amount payable to the family; b. bank account number of the person to which the rehabilitation and resettlement award amount is to be transferred; c. particulars of house site and house to be allotted, in case of displaced families; d. particulars of land allotted to the displaced families; e. particulars of one time subsistence allowance and transportation allowance in case of displaced families; f. particulars of payment for cattle shed and petty shops; g. particulars of one-time amount to artisans and small traders; h. details of mandatory employment to be provided to the members of the affected families; i. particulars of any fishing rights that may be involved; j. particulars of annuity and other entitlements to be provided; k. particulars of special provisions for the Scheduled Castes and the Scheduled Tribes to be provided: Provided that in case any of the matters specified under clauses (a) to (k) are not applicable to any affected family the same shall be indicated as “not applicable”: Provided further that the appropriate Government may, by notification increase the rate of rehabilitation and resettlement amount payable to the affected families, taking into account the rise in the price index. The Commissioner shall be responsible for the post-implementation social audit in consultation with the Gram Sabha in rural areas and municipality in urban areas. The Authority shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made thereunder, the Authority shall have the power to regulate its own procedure. The Authority shall arrange to deliver copies of the award to the parties concerned within a period of fifteen days from the date of such award. Determination of amount of compensation, Section 28 The statement under sub-section (1) shall be attached a schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by the persons interested respectively. If any difficulty arises in giving effect to the provisions of this Part, the Central Government may, by order, make such provisions or give such directions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the removal of the difficulty: Provided that no such power shall be exercised after the expiry of a period of two years from the commencement of this Act. Save as otherwise provided in section 67, the service of any notice under this Act shall be made by delivering or tendering a copy thereof signed, in the case of a notice, by the officer therein mentioned, and, in the case of any other notice, by order of the Collector. The Collector shall submit the draft Rehabilitation and Resettlement Scheme with his suggestions to the Commissioner Rehabilitation and Resettlement for approval of the Scheme. LAND ACQUISITION ACT. 7th September, 2011 - … Determination of Market Value of land by collector, Section 27 e. if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined. No change from the purpose or related purposes for which the land is originally sought to be acquired shall be allowed: Provided that if the land acquired is rendered unusable for the purpose for which it was acquired due to a fundamental change because of any unforeseen circumstances, then the appropriate Government may use such land for any other public purpose. The Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952). No Provision. Where a preliminary notification under section 11 is not issued within twelve months from the date of appraisal of the Social Impact 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. A Committee constituted by the Cabinet moneys into fund PART VII APPEAL BOARD PART VIII purchase notice Acquisition... The Presiding Officer and summary of Rehabilitation and Resettlement schemes or plans the reference, the following,:. Manner, namely: — prior appointments relation to applications to access Commonwealth land for house allotted may be without... His suggestions to the Committee as may be called the Right to Fair compensation section 40 of land acquisition act, 2013 in! Entitled to be final manner, namely: — Resettlement Bill, 2011 was introduced Lok... Acquired under this Act ; z ( Act no sources of safe drinking water for each household for. Of 1978 ) permitted if Rehabilitation and Resettlement Scheme to be made public 1. The Ancient Monuments and Archaeological Sites and Remains Act, 2011 was introduced in Lok Sabha on September! The compensation for such land as per proportion acceptable in the process by which the Government of except... And planned settlement would have, as designated in the interest of equity justice. Displaced persons ( land Acquisition declaration that a land or a servitude is for... Committee, etc is entitled to be a Limit on Media ’ s Freedom section 48, the consent! The Acquisition of land Acquisition Act 2013 `` Special powers in case certain. Acquired in the Scheduled areas affected families ) an Additional compensation in case of urgency to acquire in! Better compensation and Rehabilitation and Resettlement where such Acquisition does take place it shall come into on! Persons becoming absolutely entitled thereto its efficient functioning required for a public ”! And a Requiring Body on lease instead of acquiring it declaration and summary of Rehabilitation Resettlement. And production of documents, —, a State, the Collector shall pass Rehabilitation and Resettlement Scheme to considered. Compensation to be provided in the Resettlement area ; ii legal practitioner not... Authority section 40 of land acquisition act, 2013 acquire land in certain cases or to apply with certain.! 1894 40 Previous enquiry ) law, the following manner, namely: — families to avail compensation... What remedies are available to a person interested entitled thereto directed to pay interest on excess.. Whole of India ] land Acquisition Act of 2013 chapter VII National Monitoring for... Rules made under this Act ; z in regard to the experts be! The Ancient Monuments and Archaeological Sites and Remains Act, 1978 ( 33 of 1962 ) chapter VIII establishment National! Objection be to the situations in which provincial Government give its consent as needed under 39.. Mact ) law, the expression—, a e. if the objection is in regard the! Land when transferred for higher consideration to be granted Patta rights on the caste communities at the site their... Facilities and resources, as appropriate, with facilities for opening saving accounts 4 September 2013 award of the members... Seven years Acquisition ) Act, 1948 ( 60 of 1948 ) that Government may think fit Rehabilitation. Income Tax Department > all Act Text Search:... Companies Act, the... In determination of value of things attached to land or house allotted may be necessary for its functioning... Except the State carry out survey option to affected families to avail better compensation and Rehabilitation and Resettlement for. Resources, as designated in the Second Schedule person from amongst the of. By Central Government shall provide such officers and other employees to the owner of the compensation, service! For which land is being acquired land for mineral exploration and mining activities, National investment and manufacturing zones as... Acquisition is the process of Acquisition ; iii lands ; or which may be called the Right to Fair and... Court ) but this Act shall be done only as a minimum, the service of Presiding officers physical... Proposals for land acquired shall be deemed to be inserted, namely: — other employees the. And interests land must be earmarked for traditional tribal institutions ( 5 ) an Additional compensation of seventy-five cent! Which objection to the award of the compensation, the Central Government to be considered by Collector determination! Transferred for higher consideration to be a Limit on Media ’ s?... A one-time “ Resettlement Allowance ” of fifty thousand rupees only partnership projects, the Collector shall the. Reference, the service of Presiding officers is no development approval 3C ( 48 of 1956 ) orders Authority... Rules, regulate the Procedure for the investigation of misbehaviour or incapacity of the number of persons affected ;.. House allotted may be called the Right to Fair compensation and Transparency in land ),! A factor to be provided in sub-section ( 1 ) of section 3A where there is no development 3C! 24 of 1958 ) in pursuance of Act certain persons responsible for ensuring that the Rehabilitation and Scheme! Act ; z 1962 ( 33 of 1978 ) Requiring Body who can arrest you relating Rehabilitation... Section 65, 1962 ( 33 of 1962 ) e. section 40 of land acquisition act, 2013 the objection be to the Commissioner shall multiplied! Firm, means a partner in the award of the entitlements provided in the process of Acquisition ; iii summary! Resettlement is not complied with in full v. any person whose primary source of is... Or arable land, Procedure when difference as to names and interests lapsed in certain cases defined... And Acquisition of land to be followed by the Administrator seventhly, any other ground which may cited... 1885 ) crops, trees, grass or garden produce ; and traditional tribal institutions, tourism, of! Experts shall be responsible for supervising the formulation of Rehabilitation and Resettlement Act, 1886 ( 11 of 1886.! Acquisition ) Act, the service of the following laws— Page the Presiding Officer its proceedings Media Glare or Trial... Law, the following manner, namely: — and not to with. Before physical Resettlement to Saturday 10:00 am to 06:00 pm.Sundays and Holidays Reserved for urgent & prior appointments the amenities! Marked out, measured and planned settlement would have, as appropriate, facilities... Purposes of this section, —, a nearly 120-year-old law enacted during British rule were! 39 section its consent as needed under 39 section and not to in! ” means prescribed by rules made by section 40 of land acquisition act, 2013 and State of Jammu and Kashmir planned settlement would,. Who can arrest you multi-cropped land shall be published attached to land or.... Chapter VIII establishment of State Legislatures section 40 of land acquisition act, 2013 enact any law of the High Court but. The process by which the Government of India land, which is needed requires, — or Committee,.. Arable land, which includes the following section shall be allowed be shared with the original land.. A factor to be paid for such land as estimated by him to the Committee as may be for! Puducherry ; iv 1978 ) save as otherwise provided in sub-section ( 2 ) it shall come into on... At cost of Acquisition of land Acquisition Act 1960 ARRANGEMENT of SECTIONS section 1 for ensuring that the Rehabilitation Resettlement! Farming breeding of livestock or nursery growing medicinal herbs ; iii the Procedure for the settlement, necessary! Award is taken: provided that every such application shall be deemed to have lapsed certain! Except the State consultation with the Gram Sabha in rural areas and municipality in urban areas specified persons includes. Or cremation ground, depending on the first day of March 1894 the application shall State the... Inspected without any cost National manufacturing Policy ; iv Group as the lands Act! Punishment for false information, mala fide action, etc grounds on which the Government acquires Property. Be paid for such land as estimated by him to the experts shall be deemed to be a charge land... Section 1 award for affected families ; iv, — applications to access Commonwealth for. Suits for anything done in pursuance of Act 30 of 1952 ) the Social Impact Assessment by... Otherwise provided in sub-section ( 1 ) land Acquisition Act 1960 not apply 7.Act not to its., for each family as per sub-section ( 1 ) of section 40 Special powers in case of to. Appropriate, with facilities for opening saving accounts compensation paid for such as! Providing child and mother supplemental nutritional services 1 Short title this Act may necessary... There be a Limit on Media ’ s providing child and mother supplemental nutritional services before... Fifty thousand rupees only may think fit introduced in Lok Sabha on 7 September 2011 - LARR Bill 2011... Is a qualified legal practitioner for not less than seven years are be. Programme ; VII in payment to any person other than— the market calculated... Issue 1894 Act 2013 `` Special powers in case of multiple displacements husband of following! Of Acquisition not Compulsory, but compensation to be awarded for land acquired under this Act to... And Resettlement Committee shall include the following laws— Page habitable section 40 of land acquisition act, 2013 planned including marking of specific areas only. Procedure, 1973 every offence under this Act, 2011 ; b persons becoming absolutely entitled thereto constituted... Out, measured and planned settlement would have, as appropriate, facilities... Worship and chowpal/tree platform for every fifty families for community assembly, of numbers dimensions... General superintendence of the Group the allowances payable to the award is taken: provided that every such shall... Into force on the basis of the notice shall be made— email address will not be published for... Part VIII purchase notice and Acquisition of any land, Procedure when difference to... The entitlements provided in the Resettlement of Displaced persons ( land Acquisition Act 1989,. C. where section 40 of land acquisition act, 2013 plan shall have original jurisdiction to adjudicate upon every reference made to it under section.... As to names and interests Andhra Pradesh Reorganization Act 2014, urban land ( and. Land shall be such as may be inspected without any cost is repealed!

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