The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 46Chapter VI · Procedure and Manner of Rehabilitation and Resettlement
Section 46 · Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons
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(1) Where any person other than a specified person is purchasing land
through private negotiations for an area equal to or more than such limits, as may be notified by the
appropriate Government, considering the relevant State specific factors and circumstances, for which
the payment of Rehabilitation and Resettlement Costs under this Act is required, he shall file an
application with the District Collector notifying him of--
(a) intent to purchase;
(b) purpose for which such purchase is being made;
(c) particulars of lands to be purchased.
(2) It shall be the duty of the Collector to refer the matter to the Commissioner for the satisfaction of all relevant provisions under this Act related to rehabilitation and resettlement.
(3) Based upon the Rehabilitation and Resettlement Scheme approved by the Commissioner as per the provisions of this Act, the Collector shall pass individual awards covering Rehabilitation and Resettlement entitlements as per the provisions of this Act.
(4) No land use change shall be permitted if rehabilitation and resettlement is not complied with in full.
(5) Any purchase of land by a person other than specified persons without complying with the provisions of Rehabilitation and Resettlement Scheme shall be void ab initio:
Provided that the appropriate Government may provide for rehabilitation and resettlement provisions on sale or purchase of land in its State and shall also fix the limits or ceiling for the said purpose.
(6) If any land has been purchased through private negotiations by a person on or after the 5th day of September, 2011, which is more than such limits referred to in sub-section (1) and, if the same land is acquired within three years from the date of commencement of this Act, then, forty per cent. of the compensation paid for such land acquired shall be shared with the original land owners.
Explanation.--For the purpose of this section, the expression--
(a) original land owner refers to the owner of the land as on the 5th day of September, 2011;
(b) specified persons includes any person other than--
(i) appropriate Government;
(ii) Government company;
(iii) association of persons or trust or society as registered under the Societies Registration Act, 1860 (21 of 1860), wholly or partially aided by the appropriate Government or controlled by the appropriate Government.
STATE AMENDMENTS
Andhra Pradesh
[In the principal Act, in section 46, in sub-section (6), in the Explanation, in clause (b), the words any person other than, shall be omitted.]
[Vide Andhra Pradesh Act 22 of 2018, sec. 9 (w.e.f. 1-1-2014).]
Maharashtra
In section 46 of the principal Act, in sub-section (6), in the Explanation, in clause (b), sub-clauses (i) and (ii) shall be deleted.
[Vide Maharashtra Act 37 of 2018, sec. 8.] (w.e.f. 26.4.2018).
Haryana
“In clause (b) of Explanation to section 46 of the principal Act, the words “any person other than” shall be omitted.”
[Vide Haryana Act 21 of 2018, sec. 3 (w.e.f. 9.5.2018).]
(a) intent to purchase;
(b) purpose for which such purchase is being made;
(c) particulars of lands to be purchased.
(2) It shall be the duty of the Collector to refer the matter to the Commissioner for the satisfaction of all relevant provisions under this Act related to rehabilitation and resettlement.
(3) Based upon the Rehabilitation and Resettlement Scheme approved by the Commissioner as per the provisions of this Act, the Collector shall pass individual awards covering Rehabilitation and Resettlement entitlements as per the provisions of this Act.
(4) No land use change shall be permitted if rehabilitation and resettlement is not complied with in full.
(5) Any purchase of land by a person other than specified persons without complying with the provisions of Rehabilitation and Resettlement Scheme shall be void ab initio:
Provided that the appropriate Government may provide for rehabilitation and resettlement provisions on sale or purchase of land in its State and shall also fix the limits or ceiling for the said purpose.
(6) If any land has been purchased through private negotiations by a person on or after the 5th day of September, 2011, which is more than such limits referred to in sub-section (1) and, if the same land is acquired within three years from the date of commencement of this Act, then, forty per cent. of the compensation paid for such land acquired shall be shared with the original land owners.
Explanation.--For the purpose of this section, the expression--
(a) original land owner refers to the owner of the land as on the 5th day of September, 2011;
(b) specified persons includes any person other than--
(i) appropriate Government;
(ii) Government company;
(iii) association of persons or trust or society as registered under the Societies Registration Act, 1860 (21 of 1860), wholly or partially aided by the appropriate Government or controlled by the appropriate Government.
STATE AMENDMENTS
Andhra Pradesh
[In the principal Act, in section 46, in sub-section (6), in the Explanation, in clause (b), the words any person other than, shall be omitted.]
[Vide Andhra Pradesh Act 22 of 2018, sec. 9 (w.e.f. 1-1-2014).]
Maharashtra
In section 46 of the principal Act, in sub-section (6), in the Explanation, in clause (b), sub-clauses (i) and (ii) shall be deleted.
[Vide Maharashtra Act 37 of 2018, sec. 8.] (w.e.f. 26.4.2018).
Haryana
“In clause (b) of Explanation to section 46 of the principal Act, the words “any person other than” shall be omitted.”
[Vide Haryana Act 21 of 2018, sec. 3 (w.e.f. 9.5.2018).]
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