RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 (ANDHRA PRADESH AMENDMENT)

Section 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 or 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;

(c)      project for project affected families;

(d)      project for housing for 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--

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

(d)      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 46;

(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.

STATE AMENDMENTS

ANDHRA PRADESH

[1][In section 2, of sub-section (2), after the second proviso, the following proviso shall be added, namely:-

"Provided also that the acquisition of land for the projects listed in section 10A and the purposes specified therein shall be exempted from the provisions of the first proviso to this sub-section".]

Section 10 - Special provision to safeguard food security

(1)     Save as otherwise provided in sub-section (2), no irrigated multi-cropped land shall be acquired under this Act.

(2)     Such land may be acquired subject to the condition that it is being done under exceptional circumstances, as a demonstrable last resort, where the acquisition of the land referred to in sub-section (1) shall, in aggregate for all projects in a district or State, in no case exceed such limits as may be notified by the appropriate Government considering the relevant State specific factors and circumstances.

(3)     Whenever multi-crop irrigated land is acquired under sub-section (2), an equivalent area of culturable wasteland shall be developed for agricultural purposes or an amount equivalent to the value of the land acquired shall be deposited with the appropriate Government for investment in agriculture for enhancing food-security.

(4)     In a case not falling under sub-sect ion (1), the acquisition of the agricultural land in aggregate for all projects in a district or State, shall in no case exceed such limits of the total net sown area of that district or State, as may be notified by the appropriate Government:

Provided that the provisions of this section shall not apply in the case of projects that are linear in nature such as those relating to railways, highways, major district roads, irrigation canals, power lines and the like.

STATE AMENDMENTS

ANDHRA PRADESH

[2][After Chapter III, the following Chapter shall be inserted, namely: -

"CHAPTER III A

PROVISIONS OF CHAPTER II AND CHAPTER HI NOT TO APPLY TO CERTAIN PROJECTS

?10A. Power of State Government to exempt certain projects.-The State Government may, in the public interest, by notification in the Andhra Pradesh Gazette, exempt any of the following projects from the application of the provisions of Chapter II and Chapter III of this Act, namely:-

(a)      such projects vital to national security or defence of India and every part thereof, including preparation for defence or defence production.

(b)      rural infrastructure including electrification;

(c)      affordable housing and housing for the poor people;

(d)      industrial corridors set up by the State Government and its undertakings (in which case the land shall be acquired up to one kilometer on both sides of designated railway lines or roads for such industrial corridor); and

(e)      infrastructure projects, including projects under public-private partnership where the ownership of the land continues to vest with the Government:

Provided that the State Government shall, before the issue of notification, ensure the extent of land for the proposed acquisition keeping in view the minimum land required for such project.".]

Section 23 - Enquiry and land acquisition award by Collector

On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under section 21, to the measurements made under section 20, and into the value of the land at the date of the publication of the notification, and into the respective interests of the persons claiming the compensation and rehabilitation and resettlement, shall make an award under his hand of--

(a)      the true area of the land;

(b)      the compensation as determined under section 27 along with Rehabilitation and Resettlement Award as determined under section 31 and which in his opinion should be allowed for the land: and

(c)      the apportionment of the said compensation among all the persons known or believed to be interested in the land, or whom, or of whose claims, he has information, whether or not they have respectively appeared before him.

STATE AMENDMENTS

ANDHRA PRADESH

[3][In the Principal Act, after section 23, the following section shall be inserted, namely:-

23A."Award of Col lector without enquiry in case of agreement of interested persons.

(1)     Notwithstanding anything contained in section 23, if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed, he may, without making further enquiry, make an award according to the terms of such agreement.

(2)     The determination of compensation for any land under sub-section (1) shall not in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act.

(3)     Notwithstanding anything contained in the Registration Act, 1908 (Act 16 of 1908), no agreement made under sub-section (1) shall be liable to registration under that Act."]

Section 24 - Land acquisition process under Act No 1 of 1894 shall be deemed to have lapsed in certain cases

(1)     Notwithstanding anything contained in this Act, in any case of land acquisition proceedings initiated under the Land Acquisition Act, 1894,--

(a)      where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply; or

(b)      where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.

(2)     Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894, where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses,     shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act:

Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.

STATE AMENDMENTS

ANDHRA PRADESH

[4][In the Principal Act, in section 24, in sub-section (2),-

(1)     in the existing proviso, for the expression "where an award has been made" the expression "where the said award has been made 5 years or more prior to the commencement of this Act" shall be substituted;

(2)     after the existing proviso, the following proviso shall be added, namely:-

"Provided further that in computing the period referred to in this sub-section, any period or periods during which the proceedings for acquisition of the land were held up on account of any order, stay, suspension or injunction issued by any Court or the period specified in the award of a Tribunal for taking possession or such period where possession has been taken but the compensation is lying deposited in a Court or in any designated account maintained for this purpose, shall be excluded.]

Section 30 - Award of solatium

(1)     The Collector having determined the total compensation to be paid, shall, to arrive at the final award, impose a "Solatium" amount equivalent to one hundred per cent. of the compensation amount.

Explanation.--For the removal of doubts it is hereby declared that solatium amount shall be in addition to the compensation payable to any person whose land has been acquired.

(2)     The Collector shall issue individual awards detailing the particulars of compensation payable and the details of payment of the compensation as specified in the First Schedule.

(3)     In addition to the market value of the land provided under section 26, the Collector shall, in every case, award an amount calculated at the rate of twelve per cent. per annum on such market value for the period commencing on and from the date of the publication of the notification of the Social Impact Assessment study under sub-section (2) of section 4, in respect of such land, till the date of the award of the Collector or the date of taking possession of the land, whichever is earlier.

STATE AMENDMENTS

ANDHRA PRADESH

[5][In the Principal Act, after Chapter-IV, the following new Chapter IV A shall be inserted, namely:-

CHAPTER IV A

Voluntary acquisition of land

30A. "Acquisition of land by the State Government by entering into agreement.

(1)     Notwithstanding anything contained in the Principal Act, or any other law, whenever it appears to the State Government that the land is needed in any area for any public purpose, the State Government or its Authorized Officer will enter into an agreement with the willing land owner to sell the land in favour of the State for the matters specified therein in a prescribed form.

(2)     The State Government or its Authorized Officer shall pass an order in terms of agreement under sub-section (1) for acquisition, and the substance of the order shall be notified in the Gazette. On such publication of notification, the title, ownership and all interests of the land owner who enters into agreements, shall vest with the State, free from all encumbrances.

(3)     Notwithstanding anything contained in the Registration Act, 1908 (Act l6 of 1908), no agreement entered under sub-section (1) shall be liable to registration under that Act.

(4)     If any family, other than the family of the land owner who entered into an agreement, is affected by the acquisition of land under this section, the State Government shall pay a lumpsum amount towards rehabilitation and resettlement, if any, as prescribed in the rules framed hereunder:

Provided that no agreement or the lumpsum amount towards rehabilitation and resettlement as may be prescribed, shall be abnormally at variance to the disadvantage of the land owners.]

Section 33 - Corrections to awards by Collector

(1)     The Collector may at any time, but not later than six months from the date of award or where he has been required under the provisions of this Act to make a reference to the Authority under section 64, before the making of such reference, by order, correct any clerical or arithmetical mistakes in either of the awards or errors arising therein either on his own motion or on the application of any person interested or local authority:

Provided that no correction which is likely to affect prejudicially any person shall be made unless such person has been given a reasonable opportunity of making representation in the matter.

(2)     The Collector shall give immediate notice of any correction made in the award so corrected to all the persons interested.

(3)     Where any excess amount is proved to have been paid to any person as a result of the correction made under sub-section (1), the excess amount so paid shall be liable to be refunded and in the case of any default or refusal to pay, the same may be recovered, as prescribed by the appropriate Government.

STATE AMENDMENTS

ANDHRA PRADESH

[6][In the principal Act, after section 33, the following new section 33 A shall be inserted, namely:-

?33A. Recovery of the amount wrongfully paid.Notwithstanding anything contained in any other law, the authority in a reference under section 64 or the High Court in appeal under section 74, or any other authority in any legal proceedings find that the money has been wrongfully paid to any person under this Act, the State Government or its authorized person or Collector shall recover the same as arrears of land revenue.]

Section 46 - Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons

(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 ah 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?

(c)      appropriate Government;

(d)      Government company;

(e)      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

[7][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.]

Section 87 - Offences by Government departments

(1)     Where an offence under this Act has been committed by any department of the Government, the head of the department, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this section shall render any person liable to any punishment if such person proves that the offence was committed without his knowledge or that such person exercised all due diligence to prevent the commission of such offence.

(2)     Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a Department of the Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any officer, other than the head of the department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

STATE AMENDMENTS

ANDHRA PRADESH

[8][In the principal Act, for section 87, along with the marginal heading the following section shall be substituted, namely:-

?87. "Offences by Government officials.Where any offence under this Act has been committed by any person who is or was employed in the Central Government or the State Government, as the case may be, at the time of commission of such alleged offence, the Court shall take cognizance of such offence provided the procedure laid down in section 197 of the Code of Criminal Procedure, 1973 (Act 2 of 1974) is followed.]

Section 101 - Return of unutilised land

When any land acquired under this Act remains unutilised for a period of five years from the date of taking over the possession, the same shall be returned to the original owner or owners or their legal heirs, as the case may be, or to the Land Bank of the appropriate Government by reversion in the manner as may be prescribed by the appropriate Government.

Explanation.--For the purpose of this section, "Land Bank" means a governmental entity that focuses on the conversion of Government owned vacant, abandoned, unutilised acquired lands and tax-delinquent properties into productive use.

STATE AMENDMENTS

ANDHRA PRADESH

[9][In the principal Act, in section 101, for the words "a period of five years", the words "a period specified for setting up of any project or for five years, whichever is later," shall be substituted.]

Section 109 - Power of appropriate Government to make rules

(1)     Subject to the other provisions of this Act, the appropriate Government may, by notification, make rules for carrying out the provisions of this Act.

(2)     In particular, and without prejudice to the generality of the foregoing, such rules may provide for all or any of the following matters, namely:--

(a)      the process of obtaining the prior consent under the first proviso to sub-section (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 (1) 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;

(f)       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;

(h)     the manner of depositing amount by the Requiring Body under second proviso to sub-section (2) of section 19;

(i)       the manner in which and the period within which any excess amount paid may be recovered under sub-section (3) of section 33;

(j)       the form in which the Development Plan shall be prepared under sub-section (4) of section 41;

(k)      the powers, duties and responsibilities of Administrator under sub-section (2) of section 43;

(l)       the procedure of Rehabilitation and Resettlement Committee under sub-section (3) of section 45;

(m)    the procedure to be followed by the Rehabilitation and Resettlement Committee and allowances to be paid to the experts under sub-section (3) of section 48;

(n)     the procedures to be followed by the State Monitoring Committee and the allowances payable to the experts under sub-section (3) of section 50;

(o)      the salaries and allowances and other conditions of service of the Registrar and other officers and employees of an Authority under sub-section (3) of section 55;

(p)      the salary and allowances payable to and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Presiding Officer of an Authority under section 56;

(q)      any other matter under clause (g) of sub-section (1) of section 60;

(r)      the manner of recovery of the rehabilitation and resettlement benefits, availed of by making false claim or through fraudulent means, under sub-section (2) of section 84;

(s)      the manner of returning the unutilised land by reversion under section 101;

(t)       manner of publication wherever the provisions of this Act provide for;

(u)     any other matter which is required to be or may be specified under this Act.

STATE AMENDMENTS

ANDHRA PRADESH

[10][In the principal Act, in section 109, in sub-section (2), after clause (u) the following clause shall be added, namely:-

"(v) to give effect to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Andhra Pradesh Amendment) Act, 2018"]