Shortcomings of Land Acquisition Act. No civil court (other than High Court under article 226 such matter. The minister, through the branch, may exercise any power or right under The Expropriation Act to obtain possession or use of any land acquired for an authority under this Act. Where land is acquired under this Act for an authority, the acquisition costs shall be charged to, and, on the order of the minister, paid by, the authority for which it is acquired. of civil courts barred". Act 486 LAND ACQUISITION ACT 1960 ARRANGEMENT OF SECTIONS Section 1. 5 OF 2015 Promulgated by the President in the Sixty-sixth Year of the Republic of India. Rules 70. Note: Earlier consolidated versions are not available online. Application of section 3A where there is no development approval 3C. 1996, c. 79, s. 33; S.M. and VI or the apportionment of the compensation among the (3) It shall come into force on the first day of March 1894. Section 64 of Land Acquisition Act 2013 "Reference Where neither the chairman nor the vice-chairman are present at a meeting of the commission or of a panel of the commission, the members present may appoint one of the members present to preside at the meeting. Apportionment of value of land already held, Where, under subsection 8(4), the minister decides, (a) that land, the possession, ownership, control, or management of which is in an authority, should be used jointly by the authorities concerned; or, (b) that an authority should have priority in the use of the land, the possession, ownership, control, or management of which is in another authority, over that other authority; or, (c) that possession, control, or management, of land, the possession, ownership, control, or management of which is in an authority, should be given to another authority, to the exclusion of the first mentioned authority; or. Where the compensation in respect of any acquisition of land is certified under subsection (1), except where compensation in respect thereto is awarded under The Expropriation Act, the minister, the authority concerned, or the utility concerned, shall not pay as compensation in respect of the acquisition an amount other than the amount so certified. such reference within the period so specified, the applicant (« services publics »). A five-judge bench led by Justice Arun Mishra pronounced its judgement in the case which had earlier seen two contradictory … Subject to subsection (5), for the purposes of this section, "due compensation" in respect of an acquisition of land, (a) where the authority acquiring the land has commenced proceedings to expropriate the land, means the amount which, in the opinion of the commission, would be awarded under The Expropriation Act to the owner of the land as due compensation for the expropriation of the land; and. In exercising any power or authority delegated to him under subsection (1), the person to whom it is delegated is bound by, and shall observe and conform to, any limitations, restrictions, conditions, and requirements, so imposed by the minister or to which the minister, or the director, as the case may be, is subject in himself exercising the power or authority granted to, or vested in him. specified in the first proviso. Where the authority for which the land is acquired is the government, the member of the Executive Council charged with the administration of the program or project for which the land is required may give a certificate for the purposes of subsection (1). Matters to be considered by the State Economic Planning Unit, or Committee, etc. Urgency clause. 66. Acquisition of land 3A. judicial proceedings, Section 62 Members and officers of authority to be The Central Government has enacted a new law namely Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (‘RFCTLARR Act’) on 26th September, 2013 which came into force on 1 st January, 2014. Only in emergency situations National Defence National Security. The Act has provisions to provide fair compensation to those whose land is taken away, brings transparency to the process of acquisition of land to set up factories or buildings, inf… Without limiting the generality of subsection (2), the minister shall, through the branch. Where an authority requires land, notwithstanding the provisions of any Act of the Legislature under which the authority is authorized to acquire the land, any expropriation of the land shall be carried out by the minister, who may acquire the land for the authority by expropriation and The Expropriation Act applies thereto, mutatis mutandis. Section 64 Reference has to made by the interested Person who has not accepted the award. No Provision. Section 61 Proceedings before authority to be The commission may make rules governing its procedure. Section 64 of Land Acquisition Act 2013 "Reference to Authority". 73 Re-determination of amount of compensation on the basis (b) where the authority is authorized to acquire the land in its own name, upon request of the authority, in the name of the authority. Where an authority requires any land for any purpose or is required to expropriate any land, it shall notify the minister in writing setting out such information as the minister may require. Known as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, this law replaced the archaic Land Acquisition Act, … determination of the Authority, as the case may be, whether 79 Investment of money deposited in other cases, Section Subject to subsection (7), for the purpose of carrying out its duties and functions, the commission has the like protection and powers, and is subject to like requirements, as are conferred on, or required of, commissioners appointed under Part V of The Manitoba Evidence Act. 7th September, 2011 - … Where an agreement to sell farm land, or land outside a city, town or village and outside a plan of subdivision or plan of survey, to an authority fixes a purchase price for the land, the agreement may provide that, if a final survey of the land acquired by the authority indicates that the land acquired exceeds by 5% the amount on the basis of which the purchase price for the land was fixed, an adjustment shall be made on an agreed price per unit of area; and the authority is bound by such provision in the agreement. (b) if not so appointed, are, in the discharge of their duties, public officers or servants of the Crown, or, for the proper discharge of their duties are, directly or indirectly, responsible to the Crown, but does not include Manitoba Agricultural Services Corporation or The Manitoba Development Corporation or a utility; (« organisme gouvernemental »), (a) a member of the Executive Council, or, (b) a department, branch, or division of the executive government of Manitoba, or an officer of, or employee in, any such department, branch, or division, or. thirty days from the date of receipt of application, make a (Omitted) F IRST S CHEDULE S ECOND S CHEDULE T HIRD S CHEDULE Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 : Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (17.1 MB) ... RFCTLARR Act 2013 (sub-section 2 of Section 109) Rules 2015 : Download (422.47 KB) 64. Three members constitute a quorum for a sitting of the commission and two members constitute a quorum for a sitting of a panel of the commission. persons interested: Provided that the Collector shall, within a period of 2015 • Modi Government wants to make some further amendments to the Bill. (d) to vary any previous decision made under that subsection; he shall, in his absolute discretion, place a value on any land, the joint use of any land, or any interest in land, or any priority of use, affected by the decision, and shall order that the amounts determined by him shall be paid by the authority gaining the use of the land or the interest in the land or the possession, control, or management thereof, to any authority that has given up any use or the possession, control, or administration, thereof. (2) It extends to the whole of India except (the state of Jammu and Kashmir). or article 227 of the Constitution or the Supreme Court) 2. Interpretation P ART II ACQUISITION 3. Each member of the commission shall hold office for such term as may be fixed by the Lieutenant Governor in Council, and thereafter until his successor is appointed. six months from the date of the Collector's award, whichever Where an authority requiring land for any purpose is authorized, under an Act of the Legislature, to acquire land for that purpose by expropriation, the minister may acquire the land for the authority for that purpose by expropriation and The Expropriation Act applies thereto, mutatis mutandis; and, for the purpose of that Act, the minister shall be conclusively deemed to be the minister charged with the construction and … Where there are, on Crown lands, buildings, improvements or fixtures that are not the property of the Crown, they shall be conclusively deemed to be land for the purposes of this Act and the provisions of this Act apply to them as though they were land and any Act of the Legislature that authorizes the acquisition of land by or on behalf of the government authorizes the acquisition of such buildings, improvements or fixtures. "The Land Value Appraisal Commission", consisting of not more than six members and not fewer than three members appointed by the Lieutenant Governor in Council, one of whom shall be designated by the Lieutenant Governor in Council as chairman of the commission and one as vice-chairman of the commission, is hereby continued. 65. Where an authority requiring land for any purpose is authorized, under an Act of the Legislature, to acquire land for that purpose by expropriation, the minister may acquire the land for the authority for that purpose by expropriation and The Expropriation Act applies thereto, mutatis mutandis; and, for the purpose of that Act, the minister shall be conclusively deemed to be the minister charged with the construction and maintenance of the work, or with carrying out the purpose, for which the land or the interest in land is required. within six weeks from the date of the Collector's award; (b) in other cases, within six weeks of the receipt of on excess compensation, Section (b) if the part, or the interest in the land, not required by the authority, or any part thereof, is subsequently used by another authority, the minister shall charge to that other authority the value, in his opinion, of the part, or the interest, so used, and that amount shall be paid by that other authority to the authority first-mentioned. Provisions under these Sections are: Section 63 of Land Acquisition Act 2013 "Jurisdiction Each member of the commission shall be paid such remuneration for his services as may be fixed by the Lieutenant Governor in Council, and, in addition, may be paid such travelling and out-of-pocket expenses necessarily incurred by him in discharging his duties as a member of the commission as may be approved by the Minister of Finance. the land acquisition whether done by the central or state governments except the state of Jammu & Kashmir Authority are defined Buildings and improvements on Crown lands. (b) where the authority has not commenced proceedings to expropriate the land, means the amount that, in the opinion of the commission, would be fair compensation to the owner for the sale of the land. 2005, c. 28, s. 82. In certifying due compensation in respect of an acquisition of land, the commission may include in due compensation an amount for the costs incurred by the owner in appearing before, submitting evidence to and presenting argument to the commission including expenses incurred by the owner for the purpose of preparing and presenting his case before the commission. may apply to the Authority, as the case may be, requesting New Delhi: Since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LAAR) came into force in 2013, Section 24(2) of the Act has been mired in controversy. Where an authority requires land or an interest in land, the possession, ownership, control, or management of which, or of part of which, is in another authority, or where two or more authorities require the same land, or the same interest in land, the minister shall decide, (a) whether the land can be used jointly by the authorities concerned; or, (b) whether one authority should have priority in respect of the use of the land over other authorities concerned; or. The minister, through the branch, is in charge of all matters relating to the acquisition of land or to the expropriation of land by any authority. Land to vest free from incumbrances 67. 1947 • Independent India choose to continue this Act even after independence 2013 • UPA Government replaced this Act with The Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act . shall have jurisdiction to entertain any dispute relating to Short Title: The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Enactment Date: 2013-09-26. reference to the appropriate Authority: Provided further that where the Collector fails to make was sufficient cause for not filing it within the period (c) an agency of the government or the board of management or board of directors thereof or an officer or employee of an agency of the government, that or who has powers to acquire land by any means for the purpose of the government or the agency of the government; (« autorité »), "branch" means The Land Acquisition Branch; (« direction »), "commission" means The Land Value Appraisal Commission; (« commission »), "director" means the Director of The Land Acquisition Branch; (« directeur »), (a) any estate in land less than an estate in fee simple, and, (b) any interest, right, easement, or right-of-way, in, to, or over, land other than the interest of the owner of an estate in fee simple; (« intérêt afférent à un bien-fonds »), "land" includes any buildings, improvements, and fixtures on the land and an interest in land; (« biens-fonds »), "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »), "paid by an authority" includes payment from and out of, or charging against, moneys appropriated by an Act of the Legislature to be paid and applied for the purposes of the authority or for the purposes, or similar purposes, for which the land, in respect of which the payment is being made, is required; (« payé par une autorité »), "paid to an authority" includes crediting to funds or accounts the moneys in which have been appropriated by an Act of the Legislature to be paid and applied for the purposes of the authority or for the purposes, or similar purposes, for which the land in respect of which the payment is made, was required; (« payé à une autorité »), "utility" means The Manitoba Hydro-Electric Board. before the Collector at the time when he made his award, Return of land: If the project doesn't start in 5 years, the land acquired under the Act has to be returned to the original owner or the land bank. Its objective is to provide speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement of land oustees. 33. or less, an amount not exceeding the estimated purchase price; (b) if the agreement provides for the purchase price to be ascertained on the basis of a price per unit of area, and the area has not been finally ascertained, and if the estimated purchase price is more than $2,500., an amount not exceeding the total of $2,500. to Authority". one or more Authorities to be known as "the Land Acquisition, Rehabilitation and Resettlement Authority" to exercise jurisdiction, powers and authority conferred on it by or under this Act. (2) The application shall state the grounds on which The commission may, at the direction of its chairman, be divided into two panels, each of which may sit separately; and the chairman shall be a member of one panel and the vice-chairman shall be a member of the other panel, but the absence of the chairman or the vice-chairman from the sitting of a panel does not affect the validity of any act or thing done at the sitting as long as there is a quorum at the sitting. Determination of award by authority, Section 72 Collector may be directed to pay interest compensation, rehabilitation and resettlement, establish, by notification. public servants, Section 63 Service of notice by authority, Section 67 Also 2013 bill speaks about Retrospective operation, multiple checks and balances, special safeguards for tribal communities and other disadvantaged groups, compensation for livelihood losers, caps on acquisition of multi-crop and agricultural land, return of unutilized land, exemption from income tax and stamp duty, time-bound social impact assessment,Share in developed land, damage to crops to be included in price… Full text containing the act, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, with all the sections, … Section 24 of the Act deals with situations where the land acquisition process initiated under the previous Act is deemed to have been lapsed. Authority is empowered by or under this Act, and no Authority to sell buildings and improvements. Where land acquired under this Act for an authority the possession, control, and administration of which has not been given to the authority, is not required by the authority, or where land or an interest in land that is not required by an authority is acquired under subsection 8(3), possession, control, and management thereof may be given, on the order of the director, to the minister appointed by the Lieutenant Governor in Council to administer The Crown Lands Act, to be dealt with under that Act. of the award of the authority. The Lieutenant Governor in Council may empower the minister to acquire, by purchase, lease, expropriation or otherwise, land specified by the Lieutenant Governor in Council for the purposes of any work or program constructed or carried on, or to be constructed or carried on, by the government, or for the purposes of the administration by the government of any Act of the Legislature; but nothing in this section reduces or infringes upon any power or right granted under any other Act of the Legislature to an authority to acquire land by any means. period shall first expire: Provided further that the Collector may entertain an Minister, authority and utility bound by certification. Lease. A decision of a panel of the commission at which a quorum is present is a decision of the commission. further period of one year, if he is satisfied that there injunction shall be granted by any court in respect of any 78 Investment of money deposited in respect of lands The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of 1962). National Calamities. 75 Particulars of apportionment to be specified, Section land acquisition in respect of which the Collector or the The Act also has provision for the establishment of Land Acquisition, Rehabilitation and Resettlement Authority for speedy disposal of disputes. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (60 of 1948). 77 Payment of compensation or deposit of same in authority, Section New Delhi: Since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LAAR) came into force in 2013, Section 24(2) of the Act has been mired in controversy. S.M. (a) conduct all negotiations relating to the purchase or acquisition of land required by an authority; (b) conduct all proceedings relating to the expropriation of land required by an authority; (c) direct the payment of all money consideration or compensation for land acquired or expropriated through the branch and be responsible for assuring that any consideration or compensation that is not money is passed to the person from whom the land is acquired or expropriated; (d) upon request of an authority, provide land appraisal services and facilities to the authority; and. within a period of thirty days. "agency of the government" means any board, commission, association or other body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors of which, (a) are appointed by an Act of the Legislature or by the Lieutenant Governor in Council, or. THE LAND ACQUISITION ACT,1894 PART 1: Preliminary 1.Short title, extent and commencement- (1) This Act may be called the Land Acquisition Act, 1894. New Delhi: The Supreme Court ruled on Friday that old claims cannot be revived or projects held up by unending litigation under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. of the compensation, the person to whom it is payable, the The commission shall have such duties and functions as are conferred or charged on it under this Act or any other Act of the Legislature. 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