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

2. Application of Act.

1.      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:-

a.      For strategic purposes relating to naval, military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to national security or defence of India or State police, safety of the people; or

b.     For infrastructure projects, which includes the following, namely:-

                      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;

                     v.         Project for Government administered, Government aided educational and research schemes or institutions;

                    vi.         Project for sports, heath care, tourism, transportation of space programme;

                   vii.         Any infrastructure facility as may be notified in this regard by the Central Government and after tabling of such notification in Parliament;

a.     

b.     

c.      Project for project affected families;

d.     Project for housing, or such income groups, as may be specified from time to time by the appropriate Government;

e.      Project for planned development or the improvement of village sites or any site in the urban areas or provision of land for residential purposes for the weaker sections in rural and urban areas;

f.      Project for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by the Government, any local authority or a corporation owned or controlled by the State.

2.      The provisions of this Act relating to land acquisition, consent, compensation, rehabilitation and resettlement, shall also apply, when the appropriate Government acquires land for the following purposes, namely:-

a.      for public private partnership projects, where the ownership of the land continues to vest with the government, for public purpose as defined in sub-section (1):

b.     for private companies for public purpose, as defined in sub-section (1):

Provided that in the case of acquisition for-

                      i.         private companies, the prior consent of at lest eighty per cent of those affected families, as defined in sub-clauses (i) and (v) of clause (c) of section 3; and

                     ii.         public private partnership projects, the prior consent of at least seventy per cent. Of those affected families, as defined in sub-clauses (i) and (v) of clause (c) of section 3, shall be obtained through a process as may be prescribed by the appropriate Government:

Provided further that the process of obtaining the consent shall be carried out along with the Social Impact Assessment study referred to in section 4:

Provided also that no land shall be transferred by way of acquisition, in the Scheduled Areas in contravention of any law (including any order or judgment of a court which has become final) relating to land transfer, prevailing in such Scheduled Areas.

3.      The provisions relating to rehabilitation and resettlement under this Act shall apply in the cases where,-

a.      a private company purchases land, equal to or more than such limits in rural areas or urban areas, as may be prescribed by the appropriate Government, through private negotiations with the owner of the land in accordance with the provisions of section 47;

b.     a private company requests the appropriate Government for acquisition of a part of an area so prescribed for a public purpose:

Provided that where a private company requests the appropriate Government for partial acquisition of land for public purpose, then, the rehabilitation and resettlement entitlements under the Second Schedule shall be applicable for the entire area which includes the land purchased by the private company and acquired by the Government for the project as a whole.

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