Act 2013 - Department of Land Resources

SEC. 2lTHE GAZETTE OF INDIA EXTRAORDINARYl95 of 1908.34. The Collector may. for any cause he thinks fit, from time to tirne adjourn the enquiryto a day to be fixed by him.35. For the purpose of enquiries under this Act, the Collector shall have powers tosummon and enforce the attendance ofwitnesses, including the parties interested ofany ofthem, and to compel the production ofdocuments by the same means, and (so far as may be)in the same manner as is provided in the case of a Civil Courl under the Code of CivilProcedure, 1908.36. The appropriate Govemment may at any time before the award is made by theCollector under section 30 call for any record ofany proceedings (whether by way ofinquiryor otherwise) for the purpose of satis$ing itselfas to the legality or propriety ofany findingsor order passed or as to the regularity ofsuch proceedings and may pass such order or issuesuch dirsction in relation thereto as it may think fit:Provided that the appropriate Covemmenr shall not pass or issue any order or directionprejudicial to any person without allording such person a reasonable opportunity ofbeing heard.37. ( /) The Awards shall be filed in the Collector's office and shall, except as hereinafterprovided, be final and conclusive evidence, as between the Collector and the personsinterested, whether they have respectively appeared before the Collector or not, ofthe truearea and market value of the land and the assets attached thereto. solatium so determinedand the apponionment ofthe compensation among the persons interested,(2) The Collector shall give immediate notice of his awards to such of the personsinterested who are not present personally or through their representatives when the awardsare made.(-r) The Collector shall keep open to the public and display a summary ofthe enrireproceedings undertaken in a case ofacquisition ofland including the amount ofcompensationawarded to each individual along with details ofthe land finally acquired under this Act onthe website created for this purpose.38. (,1) The Collector shall take possession ofland after ensuring that fi.lll payment ofcompensation as well as rehabilitation and resettlement entitlements are paid or tendered tothe entitled persons within a period ofthree monlhs for the compensation and a period ofsixmonths for the mon€rary part of rehabilitation and resetllement entitlements listed in theSecond Schedule commencing from the date ofthe award made under section 3O:Provided that the components ofthe Rehabilitation and Resettlement package in theSecond and Third Schedules that relate to infrastructural entitlements shall be providedwithin a period ofeighteen months from the date ofthe award:Provided further that in case ofacquisition ofland for irrigation orhydel project, beinga public purpose, the rehabilitation and resettlement shall be completed six months prior tosubmergence ofthe lands acquired.(2) The Collector shall be responsible for ensuring that the rehabilitation andresettlement process is completed in all its aspects before displacing the affected families.39. The Collector shall, as far as possible. not displace any fanrily which has alreadybeen displaced by the appropriate Govemment for the purpose of acquisition under theprovisions ofthisAct, and if so displaced, shall pay an additional compensation equivalentto that of the compensation determined under this Act for the second or successivedisplacements.Adjournm€ntof enqulr,Power tosumnron andenforceattendance ofwitnesses andproduction ofdocuments.Pow€r to callfor records.eto.Awards ofCollectorwhen to befinal.Power to takepossession ofland to beacquired.Additionalcompensationin cas€ ofmultipledisplacements.40. (/) In cases of urgency, whenever the appropriate Govemment so directs, theCollector, though no such award has been made, may, on the expiration ofthirty days Aomthe publication ofthe notice mentioned in section 21, take possession ofany land needed fora public purpose and such land shall thereupon yest absolutely in the Govemment, free fromallencumbrances.Special powersin case ofurgcncy toacquirc land incenain cases.