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

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Such Proceedings Shall Continue Under The Provisions Of The Said Land Acquisition Act, As If The Said Act Has Not Been Repealed.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

[HARYANA]

[1][In Section 24 Of The Principal Act,-

(I)       After Sub-Section (1), The Following Explanation Shall Be Inserted, Namely:-

"Explanation.-For The Purpose Of This Sub-Section, A Land Acquisition Proceeding Shall Be Deemed To Have Been Initiated Under The Land Acquisition Act, 1894 (Central Act 1 Of 1894) Where Notification Under Section 4 Of The Said Act Has Been Published In Any Form Under Sub-Section (1) Of The Said Section.";

(Ii)      In Sub-Section (2),- 

(A)      The Word "Physical" Shall Be Omitted; 

(B)      For The Word "Or" Occurring After The Words "Possession Of The Land Has Not Been Taken", The Word "And" Shall Be Substituted; 

(C)      In The Proviso, For The Sign "."Existing At The End, The Sign ":" Shall Be Substituted; And 

(D)      After The Existing Proviso, The Following Proviso Shall Be Added At The End, Namely:-

"Provided Further That In Computing The Period Referred To In This Sub-Section, Any Period During Which The Proceedings For Acquisition Of The Land Were Held Up On Account Of Any Stay Or Injunction Issued By Order Of Any Court, Shall Be Excluded:

Provided Further That The Entry In Rapatroznamcha Regarding Taking Or Handing Over Possession Recorded By The Land Acquisition Officer Or Revenue Official Shall Be Treated As Possession Taken For All Intents And Purposes.".] 

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--

(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

[HARYANA]

[2][In Clause (B) Of Explanation To Section 46 Of The Principal Act, 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

[HARYANA]

[3][After Section 87 Of The Principal Act, The Following Section Shall Be Inserted, Namely:-

"87A. Offences By Government Officials.-Where An Offence Under This Act Has Been Committed By Any Person Who Is Or Was Employed In The Central Government Or State Government, As The Case May Be, At The Time Of Commission Of Such Alleged Offence, No Court Shall Take Cognizance Of Such Offence Unless The Procedure Laid Down In Section 197 Of The Code Of Criminal Procedure, 1973 (Central Act 2 Of 1974) Has Been 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

[HARYANA]

[4][After Section 101 Of The Principal Act, The Following Section Shall Be Inserted, Namely:-

"101A. Power To Denotify Land.-When Any Public Purpose, For Which The Land Acquired Under The Land Acquisition Act, 1894 (Central Act 1 Of 1894) Becomes Unviable Or Non-Essential, The State Government Shall Be At Liberty To Identify Such Land, On Such Terms, As Considered Expedient By The State Government, Including The Payment Of Compensation On Account Of Damages, If Any, Sustained By The Land Owner Due To Such Acquisition:

Provided That Where A Part Of The Acquired Land Has Been Utilized Or Any Encumbrances Have Been Created, The Landowner May Be Compensated By Providing Alternative Land Along With Payment Of Damages, If Any, As Determined By The State Government.".]