Act 2013 - Department of Land Resources

Sec.2lTHE GAZETTE OF INDIA EX RAORDINARY(r) for private companies for public purpose, as defined in sub-section (/):Provided that in the case ofacquisition for-(r) private companies, the prior consent ofat least eighty percent. ofthoseaffected families, as defined in sub-clauses (i) and (v) ofclause (c) ofsection 3;and(ir) public private partnership projects, the priorconsent ofat least seventyper cent. ofthose affected families, as defined in sub-clauses (r) and (v) ofclause(c) ofsection 3,shall be obtained through a process as may be prescribed by the appropriateCovemment:Provided further that the process ofobtaining the consent shall be carried out alongwith the Social Impact Assessment study referred to in section 4:Provided also that no land shall be transfened by way ofacquisition, in the ScheduledAreas in conravention of any law (including any order or judgment of a court which hasbecome final) relating to land transfer. prevailing in such Scheduled Areas.(3) The provisions relatingto rehabilitation and resetrlement underthisAct shallapplyin the cases where,-(a) a private company purchases land, equal to or more than such limits in ruralareas or urban areas, as may be prescribed by the appropriate Covemmenq throughprivate negotialions with the owner ofthe land in accordance with the provisions ofsection 46;(b) a private company requests the appropriate Govemment for acquisition ofapart ofan area so prescribed for a public purpose:Provided that where a private company requests the appropriate Govemment for partialacquisition ofland for public purpose, then, the rehabilitation and resettlement entitlementsunder the Second Schedule shall be applicable for the entire area which includes the landpurchased by the private company and acquired by the Govemment for the project as awhole.3. In this Act, unless the context otherwise requires,- D€finirions(a) "Administrator" means an officerappoinred for the purpose ofrehabilitationand resettlement ofaffected families under sub-section (,1) ofsection 43;(6) "affected area" means such area as may be notified by the appropriateGovemment for the purposes of land acquisition;(c) 'affected family" includes-(r) a family whose land or other immovable property has been acquired;2 ol 2007 .(ir) a family which does not own any land but a member or members ofsuch family may be agricultural labourers, tenants including any form oftenancyor holding ofusufruct right, share-croppers ot artisans or who may be workingin the affected area for three years prior to the acquisition of the land, whoseprimary source oflivelihood stand affected by the acquisition of land;(ii, the Scheduled Tribes and other traditional forest dwelleB who havelost any oftheir forest rights recognised under the Scheduled Tribes and OtherTraditional Forest Dwellers (Recognition of Forest Righ6) Act, 2006 due toacquisition of landl(rv) fumily whose primary source oflivelihood for three years pdorto lheacquisition of the land is dependent on forests or water bodies and includesgatherers offorest produce, hunters, fisher folk and boatrnen and such livelihoodis.affected due to acquisition ofland;