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Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (Central) Complete Act

Title: the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

State: Central

Year: 2013

.....REHABILITATION AND RESETTLEMENT ACT, 2013 Chapter I - PRELIMINARY Section 1 - Short title, extent and commencement Section 2 - Application of Act Section 3 - Definitions Chapter II - DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE Section 4 to 6 - A. Section 4 - Preparation of Social Impact Assessment study Section 5 - Public hearing for Social Impact Assessment Section 6 - Publication of Social Impact Assessment study Section 7 to 9 - B. Section 7 - Appraisal of Social Impact Assessment report by an Expert Group Section 8 - Examination of proposals for land acquisition and Social Impact Assessment report by appropriate Government Section 9 - Exemption from Social Impact Assessment Chapter III - SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY Section 10 - Special provision to safeguard food security Chapter IV - NOTIFICATION AND ACQUISITION Section 11 - Publication of preliminary notification and power of officers thereupon Section 12 - Preliminary survey of land and power of officers to carry out survey Section 13 - Payment for damage Section 14 - Lapse of Social Impact Assessment report Section 15 - Hearing of objections Section 16 - Preparation of.....

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Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (Central) Section 4

Title: Preparation of Social Impact Assessment Study

State: Central

Year: 2013

.....such Government by notification. (2) The notification issued by the appropriate Government for commencement of consultation and of the Social Impact Assessment study under sub-section (1) shall be made available in the local language to the Panchayat. Municipality or Municipal Corporation, as the case may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate Government: Provided that the appropriate Government shall ensure that adequate representation has been given to the representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation, as the case may be, at the stage of carrying out the Social Impact Assessment study: Provided further that the appropriate Government shall ensure the completion of the Social Impact Assessment study within a period of six months from the date of its commencement. (3) The Social Impact Assessment study report referred to in sub-section (1) shall be made available to the public in the manner prescribed under section 6. (4) The Social Impact Assessment.....

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Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (Central) Schedule

Title: the Third Schedule

State: Central

Year: 2013

.....with the nearby growth centres/urban localities. 12. Burial or cremation ground, depending on the caste-communities at the site and their practices. 13. Facilities for sanitation, including individual toilet points. 14. Individual single electric connections (or connection through non-conventional sources of energy like solar energy), for each household and for public lighting. 15. Anganwadi's providing child and mother supplemental nutritional services. 16. School as per the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009); 17. Sub-health centre within two kilometres range. 18. Primary Health Centre as prescribed by the Government of India. 19. Playground for children. 20. One community centre for every hundred families. 21. Places of worship and chowpal/tree platform for every fifty families for community assembly, of numbers and dimensions consonant with the affected area. 22. Separate land must be earmarked for traditional tribal institutions. 23. The forest dweller families must be provided, where possible, with their forest rights on non-timber forest produce and.....

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Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (Central) Preamble

Title: the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

State: Central

Year: 2013

THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 [Act No. 30 of 2013] [26th September, 2013] PREAMBLE An Act to ensure, in consultation with institutions of local self-government and Gram Sabhas established under the Constitution, a humane, participative, informed and transparent process for land acquisition for industrialisation, development of essential infrastructural facilities and urbanisation with the least disturbance to the owners of the land and other affected families and provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition and make adequate provisions for such affected persons for their rehabilitation and resettlement and for ensuring that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their post acquisition social and economic status and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:--

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Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (Central) Schedule

Title: the Second Schedule

State: Central

Year: 2013

THE SECOND SCHEDULE [See sections 31(1), 38(1) and 105(3)] ELEMENTS OK REHABILITATION AND RESETTLEMENT ENTITLEMENTS FOR ALL THE AFFECTED FAMILIES (BOTH LAND OWNERS AND THE FAMILIES WHOSE LIVELIHOOD IS PRIMARILY DEPENDENT ON LAND ACQUIRED) IN ADDITION TO THOSE PROVIDED IN THE FIRST SCHEDULE. Serial No. Elements of Rehabilitation and Resettlement Entitlements Entitlement/provision Whether provided or not (if provided, details to be given) (1) (2) (3) (4) 1. Provision of housing units in case of displacement (1) If a house is lost in rural areas, a constructed house shall be provided as per the Indira Awas Yojana specifications. If a house is lost in urban areas, a constructed house shall be provided, which will be not less than 50 sq.mts. in plinth area. (2) The benefits listed above shall also be extended to any affected family which is without homestead land and which has been residing in the area continuously for a period of not less than three years preceding the date of notification of the affected area and which has been involuntarily displaced from such area: Provided that any such family in urban areas which opts not to take the house offered,.....

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Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (Central) Section 3

Title: Definitions

State: Central

Year: 2013

.....the expression "notify" shall be construed accordingly; (w) "patta" shall have the same meaning as assigned to it in the relevant Central or State Acts or rules or regulations made thereunder; (x) "person interested" means-- (i) all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act; (ii) the Scheduled Tribes and other traditional forest dwellers, who have lost any forest rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007); (iii) a person interested in an easement affecting the land; (iv) persons having tenancy rights under the relevant State laws including share-croppers by whatever name they may be called; and (v) any person whose primary source of livelihood is likely to be adversely affected; (y) "prescribed" means prescribed by rules made under this Act; (z) "project" means a project for which land is being acquired, irrespective of the number of persons affected; (za) "public purpose" means the activities specified under sub-section (1) of section 2; (zb) "Requiring Body" means a company, a body corporate, an.....

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Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (Central) Section 31

Title: Rehabilitation and Resettlement Award for Affected Families by Collector

State: Central

Year: 2013

(1) The Collector shall pass Rehabilitation and Resettlement Awards for each affected family in terms of the entitlements provided in the Second Schedule. (2) The Rehabilitation and Resettlement Award shall include all of the following, namely:-- (a) rehabilitation and resettlement amount payable to the family; (b) bank account number of the person to which the rehabilitation and resettlement award amount is to be transferred; (c) particulars of house site and house to be allotted, in case of displaced families; (d) particulars of land allotted to the displaced families; (e) particulars of one time subsistence allowance and transportation allowance in case of displaced families; (f) particulars of payment for cattle shed and petty shops; (g) particulars of one-time amount to artisans and small traders; (h) details of mandatory employment to be provided to the members of the affected families; (i) particulars of any fishing rights that may be involved; (j) particulars of annuity and other entitlements to be provided; (k) particulars of special provisions for the Scheduled Castes and the Scheduled Tribes to be provided: Provided that in case any of the matt

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Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (Central) Section 1

Title: Short Title, Extent and Commencement

State: Central

Year: 2013

(1) This Act may be called the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that the Central Government shall appoint such date within three months from the date on which the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2013 receives the assent of the President.

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Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (Central) Section 77

Title: Payment of Compensation or Deposit of Same in Authority

State: Central

Year: 2013

.....competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Authority to which a reference under section 64 would be submitted: Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: Provided further that no person who has received the amount otherwise than under protest shall be entitled to make any application under sub-section (1) of section 64: Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto.

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