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BIHAR RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (AMENDMENT) RULES, 2018

BIHAR RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (AMENDMENT) RULES, 2018

BIHAR RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (AMENDMENT) RULES, 2018

PREAMBLE

In exercise of the powers conferred under section 109 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Governor of the State of Bihar is hereby pleased to make the following Rules to amend the Bihar Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rule, 2014:-

Rule- 1. Short title, extent and commencement.--

(1)     These rules may be called the Bihar Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Rules, 2018.

 

(2)     It shall extend to the whole of the State of Bihar.

 

(3)     It shall come into force at once.

Rule- 2. Amendment in Rule 4 of the said Rule, 2014.--

(1)     The sub-rule (2) and (3) of Rule 4 of the said Rules, 2014 are hereby deleted.

 

(2)     The following proviso will be added in sub rule 4(6) of Rule 4 of mention Rule 2014:-

"Proviso" the Director, Land Acquisition, Bihar will re-allocate, as per need, the amount of contingency charges available in a district to another District Land Acquisition Offices and Directorate of Land Acquisition, Bihar, Patna with the approval of the Principal Secretary, Revenue and Land Reforms Department.

(3)     The following new sub-rule (9) will be added after sub rule (8) of rule 4 of the said Rules, 2014:-

??????? "(9) The Amount of Establishment levies and Contingency expenditure in the matters of land acquisition/acquisition for projects, will be determined proposal-wise/village-wise in the following manners:-

Sl. No.

Compensation amount

Amount of Establishment items

Amount of Contingency Expenditure

1

Compensation amount up to ` 100.00 crore

10 percent

01 percent or ` 10.00 lakh, whichever is higher.

2

Compensation amount more than ` 100.00 crore& up to ` 200.00 crore

7 percent

01 percent or ` 10.00 lakh, whichever is higher.

3

Compensation amount above ` 200.00 crore

5 percent

01 percent or ` 10.00 lakh, whichever is higher.

This provision would not be effective in such cases in which estimate/award has been sanctioned at the level of competent authority.