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

Short title, extent and commencement

Application of Act

Definitions

Preparation of Social Impact Assessment study

Public hearing for Social Impact Assessment

Publication of Social Impact Assessment study

Appraisal of Social Impact Assessment report by an Expert Group

Examination of proposals for land acquisition and Social Impact Assessment report by appropriate Government

Exemption from Social Impact Assessment

Special provision to safeguard food security

Publication of preliminary notification and power of officers thereupon

Preliminary survey of land and power of officers to carry out survey

Payment for damage

Lapse of Social Impact Assessment report

Hearing of objections

Preparation of Rehabilitation and Resettlement Scheme by the Administrator

Review of the Rehabilitation and Resettlement Scheme

Approved Rehabilitation and Resettlement Scheme to be made public

Publication of declaration and summary of Rehabilitation and Resettlement

Land to be marked out, measured and planned including marking of specific areas

Notice to persons interested

Power to require and enforce the making of statements as to names and interests

Enquiry and land acquisition award by Collector

Land acquisition process under Act No. 1 of 1984 shall be deemed to have lapsed in certain cases

Period within which an award shall be made

Determination of market value of land by Collector

Determination of amount of compensation

Parameters to be considered by Collector in determination of award

Determination of value of things attached to land or building

Award of solatium

Rehabilitation and Resettlement Award for affected families by Collector

Provision of infrastructural amenities in resettlement area

Corrections to awards by Collector

Adjournment of enquiry

Power to summon and enforce attendance of witnesses and production of documents

Power to call for records, etc

Awards of Collector when to be final

Power to take possession of land to be acquired

Additional compensation in case of multiple displacements

Special powers in case of urgency to acquire land in certain cases

Special provisions for Scheduled Castes and Scheduled Tribes

Reservation and other benefits

Appointment of Administrator

Commissioner for rehabilitation and resettlement

Rehabilitation and resettlement committee at project level

Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons

Quantification and deposit of rehabilitation and resettlement amount

Establishment of National Monitoring Committee for rehabilitation and resettlement

Reporting requirements

Establishment of State Monitoring Committee for rehabilitation and resettlement

Establishment of Land Acquisition, Rehabilitation and Resettlement Authority

Composition of Authority

Qualifications for appointment as Presiding Officer

Terms of office of Presiding Officer

Staff of Authority

Salary and allowances and other terms and conditions of service of Presiding Officers

Filling up of vacancies

Resignation and removal

Orders constituting Authority to be final and not to invalidate its proceedings

Powers of Authority and procedure before it

Proceedings before Authority to be judicial proceedings

Members and officers of Authority to be public servants

Jurisdiction of civil courts barred

Reference to Authority

Collector‘s statement to Authority

Service of notice by Authority

Restriction on scope of proceedings

Proceedings to be in public

Determination of award by Authority

Form of award

Costs

Collector may be directed to pay interest on excess compensation

Re-determination of amount of compensation on the basis of the award of the Authority

Appeal to High Court

Particulars of apportionment to be specified

Dispute as to apportionment

Payment of compensation or deposit of same in Authority

Investment of money deposited in respect of lands belonging to person incompetent to alienat

Investment of money deposited in other cases

Payment of interest

Temporary occupation of waste or arable land, procedure when difference as to compensation exist

Power to enter and take possession and compensation on restoration

Difference as to condition of land

Punishment for false information, mala fide action, etc

Penalty for contravention of provisions of Act

Offences by companies

Offences by Government departments

Cognizance of offences by court

Offences to be non-cognizable

Offences to be cognizable only on complaint filed by certain persons

Magistrate to enforce surrender

Service of notice

Completion of acquisition not compulsory, but compensation to be awarded when not completed

Acquisition of part of house or building

Acquisition of land at cost of a local authority or Requiring Body

Exemption from income-tax, stamp duty and fees

Acceptance of certified copy as evidence

Notice in case of suits for anything done in pursuance of Act

No change of purpose to be allowed

No change of ownership without permission to be allowed

All sections

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 (45 of 1860) 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 (2 of 1974).

LAWGIST

# 61 Proceedings before Authority to be judicial proceedings