This Act, consisting of 13 Chapters, divided in 114 Sections and 3 Schedules, provides for the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement. The provisions of this Act relating to land acquisition, compensation, rehabilitation and resettlement, shall apply, when the appropriate Government acquires land for its own use, hold and control, including for Public Sector Undertakings and for public purpose, and shall include the following purposes, namely for infrastructure projects which includes: (i) all activities or items listed in the notification of the Government of India in the Department of Economic Affairs (Infrastructure Section) number 13/6/2009-INF, dated the 27th March, 2012, excluding private hospitals, private educational institutions and private hotels; (ii) projects involving agro-processing, supply of inputs to agriculture, warehousing, cold storage facilities, marketing infrastructure for agriculture and allied activities such as dairy, fisheries, and meat processing, set up or owned by the appropriate Government or by a farmers' cooperative or by an institution set up under a statute; (iii) project for industrial corridors or mining activities, national investment and manufacturing zones, as designated in the National Manufacturing Policy; (iv) project for water harvesting and water conservation structures, sanitation; etc. This Act is divided as follows: Preliminary (I) Determination of Social Impact And Public Purpose (II); Special Provision to Safeguard Food Security (III); Notification and acquisition (IV); Rehabilitation and Resettlement Award (V); Procedure And Manner of Rehabilitation And Resettlement (VI); National Monitoring Committee For Rehabilitation And Resettlement (VII); Establishment of Land Acquisition, Rehabilitation and Resettlement Authority (VIII); Apportionment of Compensation (IX); Payment (X); Temporary Occupation of Land (XI); Offences and Penalties (XII); Miscellaneous (XIII). Sections deal with the following matters: Compensation for Landowners (I); Elements of 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 (II); Provision of Infrastructural Amenities. The appropriate Government may make rules for carrying out the provisions of this Act. In particular, such rules may provide for: (a) the process of obtaining the prior consent under the first proviso to subsection (2) of section 2;(b) the limits of land in rural areas or urban areas under clause (a) of sub-section (3) of section 2; (c) the manner and the time limit for carrying out social impact assessment study under sub-section (I) of section 4; (d) the manner of preparing and publishing social impact assessment study reports under sub-section (1) of section 6; (e) the manner and time for conducting survey and undertaking census under sub-section (1) of section 16; (j) the manner of preparing draft Rehabilitation and Resettlement Scheme under sub-section (2) of section 16; (g) the manner of conducting public hearing under sub-section (5) of section 16; etc.
India · 2013-09-26