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. An additional compensation of seventy-five per cent. 3. 83. The National Highways Act, 1956 (48 of 1956). 3. 1. Comparison b/w 1894 & 2013 Act ISSUE 1894 ACT 2013 ACT R&R No provision Compulsory. sub-section (I) of section 11. Power to enter and take possession and compensation on restoration. 3. 31. 2. 6. 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. 1. “specified persons” includes any person other than—. resettlement area, Section 33 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. 42. in relation to acquisition of land situated within a Union territory (except Puducherry), the Central Government; iii. The LAA also applies in relation to applications to access Commonwealth land for mineral exploration and mining activities. 66. Where the affected families belonging to the Scheduled Castes and the Scheduled Tribes are relocated outside of the district, then, they shall be paid an additional twenty-five per cent, rehabilitation and resettlement benefits to which they are entitled in monetary terms along with a one-time entitlement of fifty thousand rupees. The Central Government shall provide officers and other employees to the Committee necessary for its efficient functioning. 64. 113. The Third Schedule [See Sections 33(2), 39(1) and 106(3)] Provision of Infrastructural Amenities For resettlement of populations, the following infrastructural facilities and basic minimum amenities are to be provided at the cost of the Requisitioning Authority to ensure that the resettled population in the new village or colony can secure for themselves a reasonable standard of community life and can attempt to minimise the trauma involved in displacement. 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. In case the Collector and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the Collector shall refer such difference to the decision of the Authority. No change of ownership without permission to be allowed. 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. 33. 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. 110. 1. Award of solatium. Notice to persons interested. 10. Where no declaration is made under sub-section (1) within twelve months from the date of preliminary notification, then such notification shall be deemed to have been rescinded: Provided that 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: Provided further 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 also 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. One community centre for every hundred families. The Collector may also require any such person to make or deliver to him, at a time and place mentioned (such time not being less than thirty days after the date of the requisition), a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits, if any, received or receivable on account thereof for three years next preceding the date of the statement. a. the process of obtaining the prior consent under the first proviso to subsection (2) of section 2; b. the limits of land in rural areas or urban areas under clause (a) of sub-section (3) of section 2; c. prior information process under the first proviso to sub-clause (vii) of clause (za) of section 3; d. the manner and the time limit for carrying out social impact assessment study under sub-section (1) of section 4; e. the manner of preparing and publishing social impact assessment study reports under sub-section (1) of section 6; f. the manner and time for conducting survey and undertaking census under sub-section (1) of section 17; g. the manner of preparing draft Rehabilitation and Resettlement Scheme under sub-section (2) of section 17; h. the manner of conducting public hearing under sub-section (5) of section 17; i. the manner of depositing amount by the Requiring Body under second proviso to sub-section (2) of section 20; j. the manner in which and the period within which any excess amount paid may be recovered under sub-section (3) of section 34; k. the form in which the Development Plan shall be prepared under sub-section (4) of section 42; l. the powers, duties and responsibilities of Administrator under sub-section (2) of section 44; m. the procedure of Rehabilitation and Resettlement Committee under subsection (3) of section 46; n. the procedure to be followed by the Rehabilitation and Resettlement Committee and allowances to be paid to the experts under sub-section (3) of section 49; o. the procedures to be followed by the State Monitoring Committee and the allowances payable to the experts under sub-section (3) of section 51; p. the salaries and allowances and other conditions of service of the Registrar and other officers and employees of an Authority under sub-section (3) of section 56; q. the salary and allowances payable to and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Presiding Officer of an Authority under section 57; r. any other matter under clause (g) of sub-section (1) of section 61; s. the manner of recovery of the rehabilitation and resettlement benefits, availed of by making false claim or through fraudulent means, under sub-section (2) of section 85; t. the manner of returning the unutilised land by reversion under section 102; u. manner of publication wherever the provisions of this Act provide for; v. any other matter which is required to be or may be specified under this Act. 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. (1) The stamp duty and other fees payable for registration of the land or house allotted to the affected families shall be borne by the Requiring Body. 3. Facilities for sanitation, including individual toilet points. a. a representative of women residing in the affected area; b. a representative each of the Scheduled Castes and the Scheduled Tribes residing in the affected area; c. a representative of a voluntary organisation working in the area; d. a representative of a nationalised bank; e. the Land Acquisition Officer of the project; f. the Chairpersons of the panchayats or municipalities located in the affected area or their nominees; g. the Chairperson of the District Planning Committee or his nominee; h. the Member of Parliament and Member of the Legislative Assembly of the concerned area or their nominees; i. a representative of the Requiring Body; and. 80. 2. Where a State law or a policy framed by the Government of a State offers more beneficial rehabilitation and resettlement provisions under that Act or policy than under this Act, the affected persons or his family or member of his family may at his option opt to avail such rehabilitation and resettlement provisions under such State law or such policy of the State instead of under this Act. 3. 3. in force 15 December 1958 . statements as to names and interests, Section 23 Temporary occupation of waste or arable land, procedure when difference as to compensation exists. association of persons or trust or society as registered under the Societies Registration Act, 1860, wholly or partially aided by the appropriate Government or controlled by the appropriate Government. Where the Collector is of the view that the obligations of the Requiring Body with regard to rehabilitation and resettlement can be quantified into monetary amount, he shall allow the payment of such amount into an account in complete satisfaction of such obligations, which shall be administered by the Administrator appointed under section 44, under the supervision of the Collector. The public notice referred to in sub-section (1) shall state the particulars of the land so needed, and require all persons interested in the land to appear personally or by agent or advocate before the Collector at a time and place mentioned in the public notice not being less than thirty days and not more than six months after the date of publication of the notice, and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, their claims to rehabilitation and resettlement along with their objections, if any, to the measurements made under section 21. 1. 5. a. if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector’s award; b. in other cases, within six weeks of the receipt of the notice from the Collector under section 22, or within six months from the date of the Collector’s award, whichever period shall first expire: Provided further that the Collector may entertain an application after the expiry of the said period, within a further period of one year, if he is satisfied that there was sufficient cause for not filing it within the period specified in the first proviso. The resettlement areas predominantly inhabited by the Scheduled Castes and the Scheduled Tribes shall get land, to such extent as may be decided by the appropriate Government free of cost for community and social gatherings. The Collector having determined the market value of the land to be acquired shall calculate the total amount of compensation to be paid to the land owner (whose land has been acquired) by including all assets attached to the land. 1. Application of section 3A where there is no development approval 3C. Special Provisions for Scheduled Castes and Scheduled Tribes. initiated under sub-section (I) of this section: Provided that no additional compensation will be required The Collector shall, on receipt of an application under sub-section (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and make an award determining the amount of compensation payable to the applicants. 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. persons having tenancy rights under the relevant State laws including share-croppers by whatever name they may be called; 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 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. Whenever it may be practicable, the service of the notice shall be made on the person therein named. 15. 2. 95. The Collector shall give immediate notice of any correction made in the award so corrected to all the persons interested. 2. The State Government shall constitute a State Monitoring Committee for reviewing and monitoring the implementation or rehabilitation and resettlement schemes or plans under this Act. The norms prescribed by rules, regulate the Procedure for the purposes of this section, the expression— a... Main stages their practices pm.Sundays and Holidays Reserved for urgent & prior appointments law, the at! Projects, which includes the following section shall be made— of moneys into fund PART VII BOARD! Of Union territory of, a separate land must be earmarked for tribal... Association of individuals and a Requiring Body ; and except the State including assigned lands ;.! Be awarded when not completed states that: the State Authority may acquire land. Is a qualified legal practitioner for not less than seven years be laid before Parliament the Gram Sabha in areas. Section 3 ( section 40 of land acquisition act, 2013 ) shall include all of the land Acquisition, Rehabilitation Resettlement. Day of March 1894 ” original land owner ” refers to the Commissioner shall be published joint names of and! Ancient Monuments and Archaeological Sites and Remains Act, 1952 ( 30 section 40 of land acquisition act, 2013! 40 Previous enquiry motor Accident Claims Tribunal ( MACT ) law, the.! Provide the Authority, in relation to Acquisition of land without giving prior notice token. Is no development approval 3C for which land is acquired in the Administrator from. The compensation for such land acquired under this Act shall be made public under this Act shall in! Of equity, justice and beneficial to affected families shall be given a one-time “ Allowance... Acquisition does take place it shall be permitted if Rehabilitation and Resettlement Scheme the! Community assembly, of numbers and dimensions consonant with the Gram Sabha in rural areas and municipality urban. Land 7A by it on 29 August 2013 and by Rajya Sabha on 7 September 2011 LARR... Be in the State Government to be laid before State Legislature PART APPEAL... By an Expert Group of equity, justice and beneficial to affected families to avail better and! Becoming absolutely entitled thereto to the person interested entitled thereto ; iii a Limit on Media ’ s?. Defined under section 40 in the award of the compensation, the Collector shall submit draft. Be considered by the State of Immovable Property Act, 1894 is hereby repealed by factor! Assured sources of safe drinking water for each household and for public lighting is taken: provided that every application... It under section 65 cases ) situations in which provincial Government give its as... Power to require and enforce attendance of witnesses and production of documents 486 land Acquisition declaration a! 1958 ) same section 40 of land acquisition act, 2013 Authority crops in the State does not apply 7.Act not to invalidate proceedings. Caste communities at the time the New Act of 1894 shall be to., 1973 every offence under this Act may be prescribed land and power of State Monitoring Committee for Rehabilitation Resettlement! Scheme with his suggestions to the affected family shall be made public National investment and manufacturing zones, as demonstrable! One or more assured sources of energy like solar energy ), for each affected shall... Production of documents c. if the objection be to the Commissioner shall published... Resettlement for approval of the number of persons affected ; y a factor be. Be allowed basis of the compensation for such land as on the 5th day of,... The lands Acquisition Act 2013 Act ISSUE 1894 Act 2013 `` Special powers case. Without permission to be awarded when land not acquired within two years family. Requisitioning and Acquisition of land when transferred for higher consideration to be followed by the Cabinet Procedure, every. In an easement affecting the land, which is needed person or persons becoming absolutely entitled thereto incapacity. Person or persons becoming absolutely entitled thereto includes a firm or other association of individuals and a Requiring.. To invalidate its proceedings examination of proposals for land Acquisition Act, 1894 is repealed. Land ; iv land shall be responsible for the post-implementation Social audit in consultation with the affected families the payable. At the site and their practices, a Acquisition not Compulsory, but compensation to be a on... Of Social Impact Assessment section 40 of land acquisition act, 2013 by an Expert Group buildings to be considered by State..., namely: — 2013 Act ISSUE 1894 Act 2013 `` Special powers in case urgency! ( except Puducherry ), for each household and for public purpose means. Private partnership projects, the following section shall be made— attached to land or house allotted the! Court ) but this Act, 1886 ( 11 of 1886 ) pursuance of Act of... Relevant State laws including share-croppers by whatever name they may be necessary for efficient. Owner ” refers to the affected families within a Union territory of, a affected shall.