Act 2013 - Department of Land Resources

20 THE GAZE TE OF INDIA EXTRAORDINARY IP^Rr Il(2) The powers olthe appropriate Govemment under sub-section ( /) shall be restrictedto the minimum area required for the defence oflndia or national security or for any emergenciesarising out ofnatural calamities or any other emergency with the approval ofParliament:Provided that the Collector shall not take possession of any building or part of abuilding under this sub-section without giving to the occupier thereof at least forty-eighthours notice ofhis intention to do so. or such longer notice as may be reasonably sufficientto enable such occupier to remove his movable propeny from such building u,ithoutunnecessary inconvenience.(3) Betbre taking possession ofany land under sub-section ( /) or sub-section (?), theCollector shall tender payment of eighty per cent. of the compensation for such land asestimated by him to the person interested entitled thereto.(J) In the case ofany land to which. in the opinion ofthe appropriate Government, theprovisions ofsub-section ( /), sub-section (2) or sub-section (J) are applicable, the appropriateGovernment ma), direct that any or all ofthe provisions ofChapter I I to Chapter VI shall notapply, and, if it does so direct. a declaration may be made under sect ion I 9 in respect of theland at any time after the date of the publication of the preliminary notification undersub-section ( /) of section ll.(i) An additional compensation ofseventy-llve per cent. ofthe total conlpensation asderernrined under section 27. shall be paid by the Collector in respect of land and propeny foracquisition of rvhich proceedings have been initiated under sub-section (/) ofthis section:Provided that no additional compensation will be required to be paid in case theproiect is one that affects the sovereignty and integrity of lndia, the security and strategicinterests ofthe State or relations with foreign States.SpccialSchcdulcdScheduledInbcs.last resort.41. f/,/ As far as possible, no acquisition ofland shall be made in the Scheduled Areas.(2) Where such acquisition does take place it shall be done only as a demonstrable/J.,) In case of acquisition or alienation ofany land in the Scheduled Areas. the priorconsent ofthe concerned Cram Sabha or the Panchayats or the autonomous District Councils.at the appropriate level in Scheduled Areas under the Fifth Schedule to the Constitution, asthe case may be, shall be obtained. in all cases of land acquisition in such areas, includingacquisition in case of urgency, before issue of a notification under this Act, or any otherCentral Act or a State Act for the time being in force:Provided that the consent of the Panchayats or the Autonomous Districts Councilsshall be obtained in cases where the Cram Sabha does not exist or has not been constituted./J) ln case ofa project involving land acquisition on behalfofa Requiring Body whichinvolves involuntary displacement ofthe Scheduled Castes or the Scheduled Tribes families,a Development Plan shall be prepared. in such lbrm as may be prescribed. laying down thedetails ofprocedure for senling land righrs due, but not settled and restoring titles oftheScheduled Tribes as well as the Scheduled Castes on the alienated land by undertaking aspecial drive rorether with land acquisition.(5) The Developrnent Plan shall also contain a progrdmme for developnrcnr ofalternalefuel, fodder and non-timber tbrest produce resources on non-forest lands within a period ofliveyean, sulficient to meet the requirements oftribal communities as well as the Scheduled Castes.(6) ln case of land being acquired from tnembers of the Scheduled Castes or theScheduled Tribes, at least one-third of the compensation amount due shall be paid to theaffected families initially as first instalment and the rest shall be paid after taking over ofthepossession of the land.(7) The affected t'amilies ol'the Scheduled Tribes shall be resettled preferably in thesame Scheduled Area in a compact block so that they can retain lheir ethnic, linguistic andcultural identity.