The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (60 of 1948). 6. The Rehabilitation and Resettlement Committee shall include, apart from officers of the appropriate Government, the following members, namely:—. Resignation and removal. Every person required to make or deliver a statement under this section shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code. 2. 1. 91. The Commissioner shall be responsible for supervising the formulation of rehabilitation and resettlement schemes or plans and proper implementation of such schemes or plans. The LAA also applies in relation to applications to access Commonwealth land for mineral exploration and mining activities. Corrections to awards by collector, Section 35 Power to summon and enforce attendance of witness who is entitled to be granted Patta rights on the land under any law of the State including assigned lands; or. 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:—. Members and officers of Authority to be public servants. of the compensation for 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. (2) It extends to the whole of India except (the state of Jammu and Kashmir). Chapter VI Procedure and Manner of Rehabilitation and Resettlement. Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a Department of the Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any officer, other than the head of the department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 1. I.R. 2. Explanation.—For the purpose of this section, the expression—, a. determination of award, Section 29 The Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952). Roads within the resettled villages and an all-weather road link to the nearest pucca road, passages and easement rights for all the resettled families be adequately arranged. 39. 1. [ Vide Bihar Act 35 of 1951, section 71 and Sch., para 9 (w.e.f. The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962). 3. of the publication of the preliminary notification under Indira Awas Yojana specifications. Payment of compensation or deposit of same in Authority. Proceedings before Authority to be judicial proceedings. Coelho (Dead)by Lrs. 15 of 2000) has not yet been brought into operation. notice as may be reasonably sufficient to enable such 2. Whenever the appropriate Government intends to acquire land for a public purpose, it shall consult the concerned Panchayat, Municipality or Municipal Corporation, as the case may be at village level or ward level, in the affected area and carry out a Social Impact Assessment study in consultation with them, in such manner and from such date as may be specified by such Government by notification. It shall be the duty of the Collector to refer the matter to the Commissioner for the satisfaction of all relevant provisions under this Act related to rehabilitation and resettlement. entitled thereto. Provisions to be in addition to existing laws. 55. Powers of Authority and procedure before it. Land acquisition process under act no 1 of 1894 The Collector shall make an award within a period of twelve months from the date of publication of the declaration under section 20 and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse: 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: 27. Acceptance of certified copy as evidence. Enquiry and Land Acquisition award by collector, Section 24 The Second Schedule [See Sections 32 (1), 39 (1) and 106 (3)] Elements of Rehabilitation and Resettlement Entitlements for All The Affected Families (Both Land Owners and The Families Whose Livelihood is Primarily Dependent on Land Acquired) in Addition to Those Provided in The First Schedule. This section is related to the situations in which provincial government give its consent as needed under 39 section. 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. 54. 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. The appropriate Government shall provide the Authority with a Registrar and such other officers and employees as that Government may think fit. 4. Investment of money deposited in other cases. 11. 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. Rehabilitation and Resettlement Award. Anganwadi’s providing child and mother supplemental nutritional services. The bill was then passed by it on 29 August 2013 and by Rajya Sabha on 4 September 2013. Differences between Land acquisition act of 1894 and 2013 act Question - Major differences between Land acquisition act of 1894 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Comparison b/w 1894 & 2013 Act ISSUE 1894 ACT 2013 ACT R&R No provision Compulsory. 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. “Requiring Body” means a company, a body corporate, an institution, or any other organisation or person for whom land is to be acquired by the appropriate Government, and includes the appropriate Government, if the acquisition of land is for such Government either for its own use or for subsequent transfer of such land in 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. Of the compensation amount. 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. 1. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 every offence under this Act shall be deemed to be non-cognizable. 19. 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. 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 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; and. Establishment of National Monitoring Committee for rehabilitation and resettlement. 2 Commencement a. to enter upon and survey and take levels of any land in such locality; 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. 97. Cap. 1. Whenever it may be practicable, the service of the notice shall be made on the person therein named. All benefits, including the reservation benefits available to the Scheduled Tribes and the Scheduled Castes in the affected areas shall continue in the resettlement area. 2. Section 41 Special Provision for Scheduled Castes and Scheduled Tribes i. 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:—. 1. 102. 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. LARR Act, 2013 Ordinance/LARR (Amendment) Bill, 2015 (as introduced) Bill as passed by Lok Sabha ... urgency as outlined in Section 40 or (ii) for irrigation projects where an Environmental Impact Assessment is ... (Section 24(2)) The Land Acquisition Act, 1894 will continue to apply in certain cases, when an award has been made under it. initiated under sub-section (I) of this section: Provided that no additional compensation will be required This Act may be called the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2011. Power of appropriate Government to make rules. Particulars of apportionment to be specified. Notice to persons interested. Provision of infrastructural amenities in Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014” were published as required under Section 112 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) vide Telangana State the land acquisition whether done by the central or state governments except the state of Jammu & Kashmir (2) The benefits listed above shall also be extended to any affected family which is without homestead land and which has been residing in the area continuously for a period of not less than three years preceding the date of notification of the affected. For various public purposes land is acquired in the State. sub-section (I) shall be restricted to the minimum area Government so directs, the Collector, though no such award 1. Each affected family which is displaced shall get a one-time financial assistance of fifty thousand rupees as transportation cost for shifting of the family, building materials, belongings and cattle. Determination of market value of land by Collector. Act 486 LAND ACQUISITION ACT 1960 ARRANGEMENT OF SECTIONS Section 1. 2. 2. 64. cost of acquisition of land and building for settlement of displaced or adversely affected families; iv. 2. per annum from the time of so taking possession until it shall have been so paid or deposited: 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 districts or state, in no case exceed such limits as may be notified by the appropriate Government considering the relevant State specific factors and circumstances. If the Collector is opposed or impeded in taking possession under this Act of any land, he shall, if a Magistrate, enforce the surrender of the land to himself, and if not a Magistrate, he shall apply to a Magistrate or to the Commissioner of Police, and such Magistrate or Commissioner, as the case may be, shall enforce the surrender of the land to the Collector. Hearing of objections. Service of notice. 10 Landmark Judgements of Constitutional Law. The Collector having determined the total compensation to be paid, shall, to arrive at the final award, impose a “Solatium” amount equivalent to one hundred per cent. Power to enter and take possession and compensation on restoration. LAND ACQUISITION ACT. Sowmithri Vishnu Vs Union of India & Anr. 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. Income Tax Department > All Act Income Tax Department > All Act Text Search: ... Companies Act, 2013. 1. Acquisition of land to which Act applies 6. 3. “director”, in relation to a firm, means a partner in the firm. In the case of any acquisition of land so required no fresh declaration or other proceedings under sections 11 to 20, (both inclusive) shall be necessary; but the Collector shall without delay furnish a copy of the order of the appropriate Government to the person interested, and shall thereafter proceed to make his award under section 24. 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:—. other emergency with the approval of Parliament: Provided that the Collector shall not take possession of The repealed Land Acquisition Act, 1894 was an oppressive legal regime that held the field on compulsory acquisition of land for the public purpose for well over a century. 40 Special powers in case of urgency to acquire land in 65. 86. cost of undertaking ‘Social Impact Assessment study’; i. a company as defined in section 3 of the Companies Act, 1956, other than a Government company; ii. Determination of amount of compensation. Land Acquisition Act 1894 3. Facilities for sanitation, including individual toilet points. 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