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The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Section 89

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

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Chapter IPreliminary

1Short title, extent and commencement
2Application of Act
3Definitions

Chapter IIA.--preliminary Investigation for Determination of Social Impact and Public Purpose · B.--appraisal of Social Impact Assessment Report by an Expert Group

A.--preliminary Investigation for Determination of Social Impact and Public Purpose

4Preparation of Social Impact Assessment study
5Public hearing for Social Impact Assessment
6Publication of Social Impact Assessment study

B.--appraisal of Social Impact Assessment Report by an Expert Group

7Appraisal of Social Impact Assessment report by an Expert Group
8Examination of proposals for land acquisition and Social Impact Assessment report by appropriate Government
9Exemption from Social Impact Assessment

Chapter IIISpecial Provision to Safeguard Food Security

10Special provision to safeguard food security

Chapter IVNotification and Acquisition

11Publication of preliminary notification and power of officers thereupon
12Preliminary survey of land and power of officers to carry out survey
13Payment for damage
14Lapse of Social Impact Assessment report
15Hearing of objections
16Preparation of Rehabilitation and Resettlement Scheme by the Administrator
17Review of the Rehabilitation and Resettlement Scheme
18Approved Rehabilitation and Resettlement Scheme to be made public
19Publication of declaration and summary of Rehabilitation and Resettlement
20Land to be marked out, measured and planned including marking of specific areas
21Notice to persons interested
22Power to require and enforce the making of statements as to names and interests
23Enquiry and land acquisition award by Collector
24Land acquisition process under Act No. 1 of 1984 shall be deemed to have lapsed in certain cases
25Period within which an award shall be made
26Determination of market value of land by Collector
27Determination of amount of compensation
28Parameters to be considered by Collector in determination of award
29Determination of value of things attached to land or building
30Award of solatium

Chapter VRehabilitation and Resettlement Award

31Rehabilitation and Resettlement Award for affected families by Collector
32Provision of infrastructural amenities in resettlement area
33Corrections to awards by Collector
34Adjournment of enquiry
35Power to summon and enforce attendance of witnesses and production of documents
36Power to call for records, etc
37Awards of Collector when to be final
38Power to take possession of land to be acquired
39Additional compensation in case of multiple displacements
40Special powers in case of urgency to acquire land in certain cases
41Special provisions for Scheduled Castes and Scheduled Tribes
42Reservation and other benefits

Chapter VIProcedure and Manner of Rehabilitation and Resettlement

43Appointment of Administrator
44Commissioner for rehabilitation and resettlement
45Rehabilitation and resettlement committee at project level
46Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons
47Quantification and deposit of rehabilitation and resettlement amount

Chapter VIINational Monitoring Committee for Rehabilitation and Resettlement

48Establishment of National Monitoring Committee for rehabilitation and resettlement
49Reporting requirements
50Establishment of State Monitoring Committee for rehabilitation and resettlement

Chapter VIIIEstablishment of Land Acquisition, Rehabilitation and Resettlement Authority

51Establishment of Land Acquisition, Rehabilitation and Resettlement Authority
52Composition of Authority
53Qualifications for appointment as Presiding Officer
54Terms of office of Presiding Officer
55Staff of Authority
56Salary and allowances and other terms and conditions of service of Presiding Officers
57Filling up of vacancies
58Resignation and removal
59Orders constituting Authority to be final and not to invalidate its proceedings
60Powers of Authority and procedure before it
61Proceedings before Authority to be judicial proceedings
62Members and officers of Authority to be public servants
63Jurisdiction of civil courts barred
64Reference to Authority
65Collector?s statement to Authority
66Service of notice by Authority
67Restriction on scope of proceedings
68Proceedings to be in public
69Determination of award by Authority
70Form of award
71Costs
72Collector may be directed to pay interest on excess compensation
73Re-determination of amount of compensation on the basis of the award of the Authority
74Appeal to High Court

Chapter IXApportionment of Compensation

75Particulars of apportionment to be specified
76Dispute as to apportionment

Chapter XPayment

77Payment of compensation or deposit of same in Authority
78Investment of money deposited in respect of lands belonging to person incompetent to alienate
79Investment of money deposited in other cases
80Payment of interest

Chapter XITemporary Occupation of Land

81Temporary occupation of waste or arable land, procedure when difference as to compensation exists
82Power to enter and take possession and compensation on restoration
83Difference as to condition of land

Chapter XIIOffences and Penalties

84Punishment for false information, mala fide action, etc
85Penalty for contravention of provisions of Act
86Offences by companies
87Offences by Government departments
88Cognizance of offences by court
89Offences to be non-cognizable
90Offences to be cognizable only on complaint filed by certain persons

Chapter XIIIMiscellaneous

91Magistrate to enforce surrender
92Service of notice
93Completion of acquisition not compulsory, but compensation to be awarded when not completed
94Acquisition of part of house or building
95Acquisition of land at cost of a local authority or Requiring Body
96Exemption from income-tax, stamp duty and fees
97Acceptance of certified copy as evidence
98Notice in case of suits for anything done in pursuance of Act
99No change of purpose to be allowed
100No change of ownership without permission to be allowed
101Return of unutilised land
102Difference in price of land when transferred for higher consideration to be shared
103Provisions to be in addition to existing laws
104Option of appropriate Government to lease
105Provisions of this Act not to apply in certain cases or to apply with certain modifications
106Power to amend Schedule
107Power of State Legislatures to enact any law more beneficial to affected families
108Option to affected families to avail better compensation and rehabilitation and resettlement
109Power of appropriate Government to make rules
110Rules made by Central Government to be laid before Parliament
111Rules made by State Government to be laid before State Legislature
112Previous publication of rules made by Central and State Government
113Power to remove difficulties
114Repeal and saving

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The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 89Chapter XII · Offences and Penalties

Section 89 · Offences to be non-cognizable

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Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) every offence under this Act shall be deemed to be non-cognizable.

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