Act 2013 - Department of Land Resources
Act 2013 - Department of Land Resources Act 2013 - Department of Land Resources
34 THE GAZETTE OF INDIA EXTRAORDINARY [PARr I IProvisions ofthis Act nol toapply rnccrtain casesor to applywith cerlainmodifications.Power of StateLcgislatures toenact any lawmore beneficialto affectedthmilies.Option toallectedfamilies toavail bettercompcnsationandrehabilitalionandresettlement.appropriateGovernmentto make tules.105. (/) Subject to sub-section (3), the provisions of this Act shall not apply to theenactments relating to land acquisition specified in the Fourth Schedule.(2) Subject to sub-section (2) of section 106. the Central Government may, bynotification. omit or add to any ofthe enactments specified in the Fourth Schedule.(-3) The Central Govemmenl shall, by notification, within one year flom the date ofcommencement of this Act, direct that any of the provisions of this Act relating to thedetermination ofcompensation in accordance with the First Schedule and rehabilitation andresettlement specified in the Second and'l'hird Schedules, being beneficial to the affectedfamilies, shall apply to the cases of land acquisition under the enactments specified in theFourth Schedule or shall apply with such exceptions or modifications that do not reduce thecompensation or dilute the provisions ofthis Act relating to compensation or rehabilitationand resettlement as may be specified in the notification, as the case may be.(l) A copy ofevery notification proposed to be issued under sub-section (-,), shall belaid in draft before each House ofParliament, while it is in session, for a total period ofthirtydays which may be comprised in one session or in two or more sttccessive sessions, and if,before the expiry ofthe session immedialely following the session or the successive sessionsaforesaid, both Houses agree in disapproving the issue of the notification or both Housesagree in making any modificalion in the notification, the notification shall not be issued or, asthe case may be, shall be issued only in such modified form as may be agreed upon by boththe Houses of Parliament.106. (1) The Central Covemment may, by notification, amend or alter any of theSchedules to this Act, without in any way reducing the compensation or diluting the provisionsofthis Act relating to compensation or rehabilitation and resettlement.(2) A copy ofevery notification proposed to be issued under sub-section ('l). shall belaid in draft before each House ofParliament. while it is in session, for a total period ol'thirtydays rvhich may be comprised in one session or in fwo or more successive sessions, and if,before the expiry ofthe session immediately following the session or the successive sessionsaforesaid, both Houses agree in disapproving the issue of the notification or both Housesagree in making any modification in the notification, the notification shall not be issued or asthe case may be, shall be issued only in such modified form as may be agreed upon by boththe Houses of Parliament.107. Nothing in this Act shall prevent any State from enacting any law to enhance oradd to the entitlements enumerated under this Act which confers higher compensation thanpayable under this Act or make provisions for rehabilitation and resettlement which is morebeneficial than provided under this Act.108. (/) Where a State law or a policy liamed by the Govemment ofa State proYides fora higher compensation than calculated under this Act for the acquisition ofland, the affectedpersons or his family or member ofhis family may at their option oPt to avail such highertompensation and rehabilitation and resenlement under such State law or such policy oftheState.(2) Where a State law or a policy framed by the Govemment of a State offers morebeneficial rehabilitation and resettlenlent provisions under that Act or policy than under thisAct, the affected persons or his family or member ofhis family may at his option opt Io availsuch rehabilitation and resettlement provisions under such State Iaw or such policy oftheState instead of under this Act.109. (,1) Subject to the other proYisions ofthisAct, the aPpropriate Government may,by notification, make rules for carrying out the provisions ofthis Act.(2) In particular, and without prejudice to the generality ofthe foregoing, such rulesmay provide for all or any ofthe following matters, namely:-(a) the process of obtaining the prior consent under the first proviso to subsection(2) of section 2;d
Src.2lTHE CAZETTE OF INDIA EXTRAORDINARY35(r) the limits ofland in rural areas or urban areas under clause (a) ofsub-section(3) ofsection 2;(c) the mannerand the time limit forcarrying out social impact assessment studyunder sub-section (/) ofsection 4;(d) the manner of preparing and publishing social impact assessm€nt studyreports under sub-section (/) of section 6l(e) the manner and time for conducting survey and undertaking census undersub-section (1) of section l6;(, the manner ofpreparing draft Rehabilitation and Resettlement Scheme undersub-section (2) of section l6;G) the manner ofconducting public hearing under sub'section (5) ofsection l6;(h) the manner of depositing amount by the Requiring Body under secondproviso to sub-section (2) ofsection l9;O the manner in which and the period within which any excess amount paid maybe recovered under sub-section (3) ofsection 33;(/) the form in which the Development Plan shall be prepared under sub-section(l) ofsection 4l;(,t) the powers, duties and responsibilities of Administrator under sub'section(2) ofsection 43;(/) the procedure ofRehabilitation and Resettlement Committee under sub-section(.r) ofsection 45;(n) the procedure to be followed by the Rehabilitation and ResettlementCommittee and allowances to be paid to the experts under sub-section (3) ofsection 48;(r) the procedures to be followed by the State Monitoring Committee and theallowances payable to the expens under sub-section (3) ofsection 50;(o) the salaries and allowances and other conditions of service of theRegistrar and other officers and employees of an Authority under sub-section (J) ofsection 55;(p) the salary and allowances payable to and the other terms and conditions ofservice (including pension, gratuity and other retirement benefits) of, the PresidingOfficer ofan Authority under section 56;(q) any other mafter under clause (g) ofsub-section (/) ofsection 60;(r) the manner ofrecovery ofthe rehabilitation and resettlement benefits' availedof by making false claim or through fraudulent means, under sub-section (2) ofsection 84;(s) the manner of retuming the unutilised land by reversion under section l0 I ;(l) manner ofpublication wherever the provisions ofthis Act provide for;(z) any other matter which is required to be or may be specified under this Act.I t0. Every rule made by the Central Govemment under this Act shall be laid as soon asmay be after it is made, before each House ofParliament while it is in session for a total periodofthirty days which may be comprised in one session or two or more successive sessions,and if, before the expiry ofthe session immediately following the session or the successivesessions aforesaid, both Houses agree in making any modification in the rule or both Housesagree that the rule should not be made, the rule shall thereafter have effect only in suchRules made byCentralGovernmentto b€ laidbeforoParliament.
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34 THE GAZETTE OF INDIA EXTRAORDINARY [PARr I IProvisions <strong>of</strong>this <strong>Act</strong> nol toapply rnccrtain casesor to applywith cerlainmodifications.Power <strong>of</strong> StateLcgislatures toenact any lawmore beneficialto affectedthmilies.Option toallectedfamilies toavail bettercompcnsationandrehabilitalionandresettlement.appropriateGovernmentto make tules.105. (/) Subject to sub-section (3), the provisions <strong>of</strong> this <strong>Act</strong> shall not apply to theenactments relating to land acquisition specified in the Fourth Schedule.(2) Subject to sub-section (2) <strong>of</strong> section 106. the Central Government may, bynotification. omit or add to any <strong>of</strong>the enactments specified in the Fourth Schedule.(-3) The Central Govemmenl shall, by notification, within one year flom the date <strong>of</strong>commencement <strong>of</strong> this <strong>Act</strong>, direct that any <strong>of</strong> the provisions <strong>of</strong> this <strong>Act</strong> relating to thedetermination <strong>of</strong>compensation in accordance with the First Schedule and rehabilitation andresettlement specified in the Second and'l'hird Schedules, being beneficial to the affectedfamilies, shall apply to the cases <strong>of</strong> land acquisition under the enactments specified in theFourth Schedule or shall apply with such exceptions or modifications that do not reduce thecompensation or dilute the provisions <strong>of</strong>this <strong>Act</strong> relating to compensation or rehabilitationand resettlement as may be specified in the notification, as the case may be.(l) A copy <strong>of</strong>every notification proposed to be issued under sub-section (-,), shall belaid in draft before each House <strong>of</strong>Parliament, while it is in session, for a total period <strong>of</strong>thirtydays which may be comprised in one session or in two or more sttccessive sessions, and if,before the expiry <strong>of</strong>the session immedialely following the session or the successive sessionsaforesaid, both Houses agree in disapproving the issue <strong>of</strong> the notification or both Housesagree in making any modificalion in the notification, the notification shall not be issued or, asthe case may be, shall be issued only in such modified form as may be agreed upon by boththe Houses <strong>of</strong> Parliament.106. (1) The Central Covemment may, by notification, amend or alter any <strong>of</strong> theSchedules to this <strong>Act</strong>, without in any way reducing the compensation or diluting the provisions<strong>of</strong>this <strong>Act</strong> relating to compensation or rehabilitation and resettlement.(2) A copy <strong>of</strong>every notification proposed to be issued under sub-section ('l). shall belaid in draft before each House <strong>of</strong>Parliament. while it is in session, for a total period ol'thirtydays rvhich may be comprised in one session or in fwo or more successive sessions, and if,before the expiry <strong>of</strong>the session immediately following the session or the successive sessionsaforesaid, both Houses agree in disapproving the issue <strong>of</strong> the notification or both Housesagree in making any modification in the notification, the notification shall not be issued or asthe case may be, shall be issued only in such modified form as may be agreed upon by boththe Houses <strong>of</strong> Parliament.107. Nothing in this <strong>Act</strong> shall prevent any State from enacting any law to enhance oradd to the entitlements enumerated under this <strong>Act</strong> which confers higher compensation thanpayable under this <strong>Act</strong> or make provisions for rehabilitation and resettlement which is morebeneficial than provided under this <strong>Act</strong>.108. (/) Where a State law or a policy liamed by the Govemment <strong>of</strong>a State proYides fora higher compensation than calculated under this <strong>Act</strong> for the acquisition <strong>of</strong>land, the affectedpersons or his family or member <strong>of</strong>his family may at their option oPt to avail such highertompensation and rehabilitation and resenlement under such State law or such policy <strong>of</strong>theState.(2) Where a State law or a policy framed by the Govemment <strong>of</strong> a State <strong>of</strong>fers morebeneficial rehabilitation and resettlenlent provisions under that <strong>Act</strong> or policy than under this<strong>Act</strong>, the affected persons or his family or member <strong>of</strong>his family may at his option opt Io availsuch rehabilitation and resettlement provisions under such State Iaw or such policy <strong>of</strong>theState instead <strong>of</strong> under this <strong>Act</strong>.109. (,1) Subject to the other proYisions <strong>of</strong>this<strong>Act</strong>, the aPpropriate Government may,by notification, make rules for carrying out the provisions <strong>of</strong>this <strong>Act</strong>.(2) In particular, and without prejudice to the generality <strong>of</strong>the foregoing, such rulesmay provide for all or any <strong>of</strong>the following matters, namely:-(a) the process <strong>of</strong> obtaining the prior consent under the first proviso to subsection(2) <strong>of</strong> section 2;d
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