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

(1) This Act may be called the Right to FairCompensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. (2) It extends to the whole of India 1***. (3) It shall come into force on such date2as the Central Government may, by notification in theOfficial Gazette, appoint: Provided that the Central Government shall appoint such date within three months from the dateon which the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation andResettlement Bill, 2013 receives the assent of the President.

(1) The provisions of this Act relating to land acquisition, compensation,rehabilitation and resettlement, shall apply, when the appropriate Government acquires land for itsown use, hold and control, including for Public Sector Undertakings and for public purpose, and shallinclude 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 orState 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 theDepartment of Economic Affairs (Infrastructure Section) number 13/6/2009-INF, dated the27th March, 2012, excluding private hospitals, private educational institutions and privatehotels; (ii) projects involving agro-processing, supply of inputs to agriculture, warehousing, coldstorage facilities, marketing infrastructure for agriculture and allied activities such as dairy,fisheries, and meat processing, set up or owned by the appropriate Government or by afarmers' cooperative or by an institution set up under a statute; (iii) project for industrial corridors or mining activities, national investment and 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 researchschemes 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 Governmentand 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 theappropriate Government; (e) project for planned development or the improvement of village sites or any site in the urbanareas 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 areasaffected by natural calamities, or to persons displaced or affected by reason of the implementationof any scheme undertaken by the Government, any local authority or a corporation owned orcontrolled by the State. (2) The provisions of this Act relating to land acquisition, consent, compensation, rehabilitationand resettlement, shall also apply, when the appropriate Government acquires land for the followingpurposes, namely:-- (a) for public private partnership projects, where the ownership of the land continues to vestwith 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 affectedfamilies, 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. ofthose 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 SocialImpact Assessment study referred to in section 4: Provided also that no land shall be transferred by way of acquisition, in the Scheduled Areas incontravention of any law (including any order or judgment of a court which has become final) relatingto land transfer, prevailing in such Scheduled Areas. (3) The provisions relating to rehabilitation and resettlement under this Act shall apply in the caseswhere,-- (a) a private company purchases land, equal to or more than such limits in rural areas or urbanareas, as may be prescribed by the appropriate Government, through private negotiations with theowner 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 areaso prescribed for a public purpose: Provided that where a private company requests the appropriate Government for partialacquisition of land for public purpose, then, the rehabilitation and resettlement entitlements underthe Second Schedule shall be applicable for the entire area which includes the land purchased bythe private company and acquired by the Government for the project as a whole. STATE AMENDMENTS Andhra PradeshIn section 2, of sub-section (2), after the second proviso, the following proviso shall be added,namely:-- "Provided also that the acquisition of land for the projects listed in section 10A and thepurposes specified therein shall be exempted from the provisions of the first proviso to thissub-section". [Vide Andhra Pradesh Act 22 of 2018, sec. 2 (w.e.f. 1-1-2014).] Maharashtra In section 2 of the Right to Fair Compensation and Transparency in Land Acquisition,Rehabilitation and Resettlement Act, 2013 (30 of 2013), in its application to the State ofMaharashtra (hereinafter referred to as "the principal Act"), in sub-section (2), after the secondproviso, the following proviso shall be added, namely:--- "Provided also that, the acquisition of land for the projects listed in section 10A and thepurposes specified therein, shall be exempted from the provisions of the first proviso to this subsection." [Vide Maharashtra Act 37 of 2018, sec. 2 (w.e.f. 26-4-2018).]

In this Act, unless the context otherwise requires,-- (a) "Administrator" means an officer appointed for the purpose of rehabilitation andresettlement 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 thepurposes 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 maybe 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 tothe acquisition of the land, whose primary source of livelihood stand affected by theacquisition of land; (iii) the Scheduled Tribes and other traditional forest dwellers who have lost any of theirforest 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 ofthe 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 theCentral 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 three years or moreprior to the acquisition of the land or whose primary source of livelihood for three years priorto 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 oflivestock 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 StateGovernment; (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, theGovernment of Union territory of Puducherry; (iv) in relation to acquisition of land for public purpose in more than one State, the CentralGovernment, 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 specifiedby notification, the Central Government: Provided that in respect of a public purpose in a District for an area not exceeding such asmay be notified by the appropriate Government, the Collector of such District shall be deemedto be the appropriate Government; (f) "Authority" means the Land Acquisition and Rehabilitation and Resettlement Authorityestablished under section 51; (g) "Collector" means the Collector of a revenue district, and includes a Deputy Commissionerand any officer specially designated by the appropriate Government to perform the functions of aCollector under this Act; (h) "Commissioner" means the Commissioner for Rehabilitation and Resettlement appointedunder sub-section (1) of section 44; (i) "cost of acquisition" includes (i) amount of compensation which includes solatium, any enhanced compensation orderedby the Land Acquisition and Rehabilitation and Resettlement Authority or the Court andinterest payable thereon and any other amount determined as payable to the affected familiesby such Authority or Court; (ii) demurrage to be paid for damages caused to the land and standing crops in the processof acquisition; (iii) cost of acquisition of land and building for settlement of displaced or adverselyaffected 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 provisionsof this Act; (vi) administrative cost,-- (A) for acquisition of land, including both in the project site and out of project arealands, not exceeding such percentage of the cost of compensation as may be specified bythe appropriate Government; (B) for rehabilitation and resettlement of the owners of the land and other affectedfamilies whose land has been acquired or proposed to be acquired or other familiesaffected 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 aGovernment company; (ii) a society registered under the Societies Registration Act, 1860 (21 of 1860) or underany 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 berelocated 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 persons,namely:-- (i) trustees for other persons beneficially interested with reference to any such case, andthat to the same extent as the person beneficially interested could have acted if free fromdisability; (ii) the guardians of minors and the committees or managers of lunatics to the same extentas 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 CivilProcedure, 1908 (5 of 1908) shall, mutatis mutandis, apply in the case of persons interestedappearing before a Collector or Authority by a next friend, or by a guardian for the case, inproceedings under this Act; (m) "family" includes a person, his or her spouse, minor children, minor brothers and minorsisters dependent on him: Provided that widows, divorcees and women deserted by families shall be considered separatefamilies. Explanation. -- An adult of either gender with or without spouse or children or dependentsshall 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 orotherwise; (o) "infrastructure project" shall include any one or more of the items specified in clause (b) ofsub-section (1) of section 2; (p) "land" includes benefits to arise out of land, and things attached to the earth or permanentlyfastened 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 bythe 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 therecords of the authority concerned; or (ii) any person who is granted forest rights under the Scheduled Tribes and OtherTraditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) or under anyother 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 Stateincluding 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 upunder any law for the time being in force, a Panchayat as defined in article 243 and a Municipalityas defined in article 243P, of the Constitution; (t) "marginal farmer" means a cultivator with an un-irrigated land holding up to one hectare orirrigated 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 Actsor rules or regulations made thereunder; (x) "person interested" means (i) all persons claiming an interest in compensation to be made on account of theacquisition of land under this Act; (ii) the Scheduled Tribes and other traditional forest dwellers, who have lost any forestrights 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-croppersby 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; (z) "project" means a project for which land is being acquired, irrespective of the number ofpersons 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 otherorganisation or person for whom land is to be acquired by the appropriate Government, andincludes the appropriate Government, if the acquisition of land is for such Government either forits own use or for subsequent transfer of such land is for public purpose to a company, bodycorporate, an institution, or any other organisation, as the case may be, under lease, licence orthrough any other mode of transfer of land; (zc) "Resettlement Area" means an area where the affected families who have been displacedas 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 ofthe 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 orwith an irrigated land holding up to one hectare, but more than the holding of a marginal farmer.

(1) Whenever the appropriate Governmentintends to acquire land for a public purpose, it shall consult the concerned Panchayat, Municipality orMunicipal Corporation, as the case may be, at village level or ward level, in the affected area and carryout a Social Impact Assessment study in consultation with them, in such manner and from such date asmay be specified by such Government by notification. (2) The notification issued by the appropriate Government for commencement of consultation andof the Social Impact Assessment study under sub-section (1) shall be made available in the locallanguage to the Panchayat, Municipality or Municipal Corporation, as the case may be, and in theoffices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be publishedin the affected areas, in such manner as may be prescribed, and uploaded on the website of theappropriate Government: Provided that the appropriate Government shall ensure that adequate representation has been givento the representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation, as the casemay 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 ImpactAssessment study within a period of six months from the date of its commencement. (3) The Social Impact Assessment study report referred to in sub-section (1) shall be madeavailable 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 bedisplaced; (c) extent of lands, public and private, houses, settlements and other common properties likelyto be affected by the proposed acquisition; (d) whether the extent of land proposed for acquisition is the absolute bare- minimum extentneeded for the project; (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 theimpact 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 simultaneouslyand 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 appropriateGovernment shall, amongst other things, take into consideration the impact that the project is likely tohave on various components such as livelihood of affected families, public and community properties,assets and infrastructure particularly roads, public transport, drainage, sanitation, sources of drinkingwater, sources of water for cattle, community ponds, grazing land, plantations, public utilities such aspost offices, fair price shops, food storage godowns, electricity supply, health care facilities, schoolsand educational or training facilities, anganwadis, children parks, places of worship, land fortraditional tribal institutions and burial and cremation grounds. (6) The appropriate Government shall require the authority conducting the Social ImpactAssessment study to prepare a Social Impact Management Plan, listing the ameliorative measuresrequired 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 programme, inoperation in that area, of the Central Government or, as the case may be, the State Government, inoperation in the affected area.

Whenever a Social Impact Assessment isrequired to be prepared under section 4, the appropriate Government shall ensure that a public hearingis held at the affected area, after giving adequate publicity about the date, time and venue for the publichearing, to ascertain the views of the affected families to be recorded and included in the Social ImpactAssessment Report.