Act 2013 - Department of Land Resources

Act 2013 - Department of Land Resources Act 2013 - Department of Land Resources

13.07.2015 Views

l0 THE CAZETTE OF INDIA EXTRAORDINARY [Penr IICHAPTER IIISpECTAL pRovrstoN 'ro sAILGUARD FooD sEcuRtrySpecialprovision tosafeguard fbodsecurity.10. (/) Save as otherwise provided in sub-section (2), no irigated multi-cropped landshall be acquired under this Act.(2) Such land may be acquired subject to the condition that it is being done underexceptional circumstances, as a demonstrable last resort, where the acquisition ofthe landrefened to in sub-section (/) shall, in aggregate for all projects in a district or State. in no caseexceed such limits as may be notified by the appropriate Government considering the relevantState specific factors and circumstances.(3) Whenever multi-crop irrigated land is acquired under sub-section (2), an equivalentarea of culturable wasteland shall be developed for agricultural purposes or an amountequivalentto the value ofthe land acquired shallbe deposited with the appropriate Govemmentfor investment in agriculture for enhancing food-security.(4) In a case not falling under sub-section ( /). the acquisition ofthe agricultural land inaggregate for all projects in a district or State, shall in no case exceed such limits ofthe totalnet sown area ofthat dislrict or State, as may be notified by the appropriate Covernment:Provided that the provisions ofthis section shall not apply in the case ofprojects thatare linear in nature such as those relating to railways, highways. major district roads. irrigationcanals. power lines and the like.CHAPTER IVNoIl.lcATtoN AND ACeutslIoNPublication ofpreliminarynotificationand power ofofliccrsthereupon.ll. (,1) Whenever, it appears to the appropriate Covernment that land in any area isrequired or likely to be required for any public purpose, a notification (hereinafter referred toas preliminary notification) to that effect along with details ofthe land to be acquired in ruraland urban areas shall be published in the following manner, namely:-(a) in the Oflicial Gazette;(6) in two daily newspapers circulating in the locality ofsuch area ofwhich oneshall be in the regional language;(c) in the local language in the Panchayat, Municipality or Municipal Corporation,as the case may be and in the oflices of the District Collectol the Sub-divisionalMagistrate and the Tehsil;(d) uploaded on the website ofthe appropriate Govemment;(e) in the affected areas, in such manner as may be prescribed.(2) lmmediately after issuance ofthe notification under sub-section ( /), the concemedGram Sabha or Sabhas at the village level. municipalities in case ofmunicipal areas and theAutonomous Councils in case oftheareas referred to in the Sixth Sch€dule tothe Constitution,shall be informed ofthe contents ofthe notification issued under the said sub-section in allcases of land acquisition at a meeting called especially for this purpose.(J) The notification issued under sub-section (/) shall also contain a statement on thenature of the public purpose involved, reasons necessitating the displacement of affectedpersons, summary ofthe Social lmPact Assessment Report and particulars ofthe Administratorappointed for the purposes of rehabilitation and resettlement under section 43.(y') No person shall make any transaction or cause any ransaction ofland specified inthe preliminary notification or create any encumbrances on such land from the date ofpublication of such notification till such time as the proceedings under this Chapter arecompleted:Provided that the Collector may, on the application made by the owner ofthe land sonotified, exempt in special circumsrances to be recorded in writing, such ovmer from theoperation of this sub-section:

Sr,c.2lTH E CAZETTE OF INDIA EXTRAORDINARYllProvided funher that any loss or injury suffered by any person due to his wilfulviolation ofthis provision shall not be made up by the Collector(5) After issuance ofnotice under sub-section ( 1), the Collector shall, before the issueofa declaration under section 19, undertake and complete the exercise ofupdating of landrecords as prescribed within a period of two months.12. For the purposes ofenabling the appropriate Govemment to determine the extentofland to be acquired, it shall be lawful for any officer, either generally or specially authorisedby such Covernment in this behalf. and for his servants and workmen,-(a) to enter upon and survey and take levels ofany land in such locality;(b) to dig or bore into the sub-soillPreliminarysuftey of landand power ofoffic€rs locarry outsurvey.(c) to do all other acts necessary to ascertain whether the land is adapted forsuch purpose;(d) to set out the boundaries ofthe land proposed to be taken and the intendedline ofthe work (ifany) proposed to be made thereoni and(e) to mark such levels. boundaries and line by placing marks and cutting trenchesand where otherwise the survey cannot be completed and the levels taken and theboundaries and Iine marked. to cut down and clearaway any part ofany standing crop,fence orjungle:Provided that no act under clauses (a) to (e) in respect of land shall be conducted inthe absence ofthe owner ofthe land or in the absence ofany person authorised in writing bythe owner:Provided further that the acts specified under the first proviso may be undenakenin the absence ofthe owner, ifthe owner has been afforded a reasonable opportunity tobe present during the survey, by giving a notice of at least sixty days prior to suchsurvey:Provided also that no person shall enter into any building or upon any enclosed courtor garden attached to a dwelling-house (unless with the consent of the occupier thereoflwithout previously giving such occupier at least seven days' notice in writing ofhis intentionto do so.13. The officer so authorised under section 12 shall at the lime of entry undersect ion I 2 pay or tender payment for any damage caused, and, in case of d ispute as to thesufficiency of the amount so paid or tendered. he shall at once refer the dispute to thedecision ofthe Collector or other chiefrevenue officer ofthe district, and such decisionshall be final.14. Where a preliminary notification under section I I is not issued within twelvemonths from the dale ofappraisal ofthe Social Impact Assessmenl repon submitted by theExpert Group under section 7, then, such report shall be deemed to have lapsed and a freshSocial Impact Assessment shall be requ ired to be undertaken prior to acquisition proceedingsunder section I l:Payment fordamagc.Lapso ofSocial lmpacrAssessmentreporl.Provided that the appropriate Govemment, shall have the power to extend the periodoftwelve months, if in its opinion circumstances existjustirying the same:Provided further that any such decision to extend the period shall be recorded inwriting and the same shall be notified and be uploaded on the website of the authorityconcerned.15. (/) Any person interested in any land which has been notified under sub-section Heanng of( /) of section I l, as being required or likely to be required for a public purpose, may within obiections.sixty days from the date ofthe publication ofthe preliminary notificition, object to--(a) the area and suitability of land proposed to be acquired;

Sr,c.2lTH E CAZETTE OF INDIA EXTRAORDINARYllProvided funher that any loss or injury suffered by any person due to his wilfulviolation <strong>of</strong>this provision shall not be made up by the Collector(5) After issuance <strong>of</strong>notice under sub-section ( 1), the Collector shall, before the issue<strong>of</strong>a declaration under section 19, undertake and complete the exercise <strong>of</strong>updating <strong>of</strong> landrecords as prescribed within a period <strong>of</strong> two months.12. For the purposes <strong>of</strong>enabling the appropriate Govemment to determine the extent<strong>of</strong>land to be acquired, it shall be lawful for any <strong>of</strong>ficer, either generally or specially authorisedby such Covernment in this behalf. and for his servants and workmen,-(a) to enter upon and survey and take levels <strong>of</strong>any land in such locality;(b) to dig or bore into the sub-soillPreliminarysuftey <strong>of</strong> landand power <strong>of</strong><strong>of</strong>fic€rs locarry outsurvey.(c) to do all other acts necessary to ascertain whether the land is adapted forsuch purpose;(d) to set out the boundaries <strong>of</strong>the land proposed to be taken and the intendedline <strong>of</strong>the work (ifany) proposed to be made thereoni and(e) to mark such levels. boundaries and line by placing marks and cutting trenchesand where otherwise the survey cannot be completed and the levels taken and theboundaries and Iine marked. to cut down and clearaway any part <strong>of</strong>any standing crop,fence orjungle:Provided that no act under clauses (a) to (e) in respect <strong>of</strong> land shall be conducted inthe absence <strong>of</strong>the owner <strong>of</strong>the land or in the absence <strong>of</strong>any person authorised in writing bythe owner:Provided further that the acts specified under the first proviso may be undenakenin the absence <strong>of</strong>the owner, ifthe owner has been afforded a reasonable opportunity tobe present during the survey, by giving a notice <strong>of</strong> at least sixty days prior to suchsurvey:Provided also that no person shall enter into any building or upon any enclosed courtor garden attached to a dwelling-house (unless with the consent <strong>of</strong> the occupier there<strong>of</strong>lwithout previously giving such occupier at least seven days' notice in writing <strong>of</strong>his intentionto do so.13. The <strong>of</strong>ficer so authorised under section 12 shall at the lime <strong>of</strong> entry undersect ion I 2 pay or tender payment for any damage caused, and, in case <strong>of</strong> d ispute as to thesufficiency <strong>of</strong> the amount so paid or tendered. he shall at once refer the dispute to thedecision <strong>of</strong>the Collector or other chiefrevenue <strong>of</strong>ficer <strong>of</strong>the district, and such decisionshall be final.14. Where a preliminary notification under section I I is not issued within twelvemonths from the dale <strong>of</strong>appraisal <strong>of</strong>the Social Impact Assessmenl repon submitted by theExpert Group under section 7, then, such report shall be deemed to have lapsed and a freshSocial Impact Assessment shall be requ ired to be undertaken prior to acquisition proceedingsunder section I l:Payment fordamagc.Lapso <strong>of</strong>Social lmpacrAssessmentreporl.Provided that the appropriate Govemment, shall have the power to extend the period<strong>of</strong>twelve months, if in its opinion circumstances existjustirying the same:Provided further that any such decision to extend the period shall be recorded inwriting and the same shall be notified and be uploaded on the website <strong>of</strong> the authorityconcerned.15. (/) Any person interested in any land which has been notified under sub-section Heanng <strong>of</strong>( /) <strong>of</strong> section I l, as being required or likely to be required for a public purpose, may within obiections.sixty days from the date <strong>of</strong>the publication <strong>of</strong>the preliminary notificition, object to--(a) the area and suitability <strong>of</strong> land proposed to be acquired;

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