The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, is a comprehensive law in India that governs the process of land acquisition, providing a framework for fair compensation, rehabilitation, and resettlement of affected families. This Act aims to ensure that land acquisition for public purposes is carried out in a humane, participative, informed, and transparent manner. It emphasizes the importance of minimizing disturbance to landowners and other affected families, and it seeks to ensure that they become partners in development, leading to an improvement in their post-acquisition social and economic status. The Act is a significant step towards balancing the needs of development with the rights of individuals and communities affected by land acquisition.
Act Background and Ministry:
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, was enacted by the Parliament of India. It was designed to replace the Land Acquisition Act, 1894, and to provide a more just and equitable framework for land acquisition. The Act falls under the purview of the Ministry of Rural Development, Government of India.
Enactment Date, Number of Chapters, Number of Sections:
The Act was enacted on September 26, 2013. It is structured into 114 sections, divided into 13 chapters, along with four schedules.
Act Governed By:
The Act is primarily governed by the appropriate Government, which can be the Central Government or the State Government depending on the nature of the acquisition. The implementation of the Act involves various authorities, including Collectors, Administrators, Commissioners, and the Land Acquisition, Rehabilitation and Resettlement Authority.
On Whom it is Applicable:
The Act is applicable to all land acquisition proceedings for public purposes in India. It applies to all landowners, tenants, agricultural laborers, and other individuals whose livelihoods are primarily dependent on the land being acquired. It also impacts Scheduled Tribes, other traditional forest dwellers, and other vulnerable groups.
Penalties/Punishments:
The Act specifies various penalties and punishments for non-compliance. These include:
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Punishment for False Information: Providing false or misleading information or producing false documents is punishable with imprisonment or fine, or both.
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Penalty for Contravention: Contravention of the provisions of the Act relating to compensation or rehabilitation and resettlement is punishable with imprisonment or fine, or both.
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Recovery of Benefits: Rehabilitation and resettlement benefits obtained through fraudulent means are liable to be recovered.
Important Pointers:
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Social Impact Assessment (SIA): The Act mandates a Social Impact Assessment study before acquiring land for public purposes.
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Public Hearing: The Act requires a public hearing to be held at the affected area to ascertain the views of the affected families.
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Consent of Affected Families: The Act mandates the prior consent of a certain percentage of affected families for land acquisition for private companies and public-private partnership projects.
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Compensation: The Act provides for fair compensation based on market value, solatium, and other factors.
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Rehabilitation and Resettlement: The Act ensures that affected families are provided with adequate rehabilitation and resettlement entitlements.
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Protection of Food Security: The Act includes special provisions to safeguard food security, particularly in cases involving multi-cropped irrigated land.
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Transparency and Accountability: The Act emphasizes transparency and accountability in the land acquisition process, including the publication of reports and the establishment of grievance redressal mechanisms.
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Land Acquisition, Rehabilitation and Resettlement Authority: The Act establishes a Land Acquisition, Rehabilitation and Resettlement Authority to resolve disputes related to land acquisition.
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Exemption from Registration: Agreements made under the Act are exempt from registration.
Act Copy: