RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 (MAHARASHTRA 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--

(I)       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 

(Ii)      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

[MAHARASHTRA]

[1][In Section 2 Of The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 (30 Of 2013), In Its Application To The State Of Maharashtra (Hereinafter Referred To As "The Principal Act"), In 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

[MAHARASHTRA]

[2][After Section 10 Of The Principal Act, The Following Section Shall Be Inserted, Namely:-

"10A. Power Of State Government To Exempt Certain Projects

The State Government May, In The Public Interest, By Notification In The Official 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 Irrigation And Electrification; 

(C)      Affordable Housing And Housing For The Poor People ; 

(D)      Industrial Area Or Industrial Estate Set Up By The State Government And Its Undertaking ; 

(E)      Industrial Corridor Set Up By The State Government And Its Undertaking (In Which Case The Land Shall Be Acquired Up To One Kilometre On Both Sides Of Designated Railway Line Or Roads For Such Industrial Corridor) ; And 

(F)       Infrastructure Projects Including Projects Under Public-Private Partnership Where The Ownership Of Land Continues To Vest With The Government:

Provided That, The State Government Shall, Before Issue Of Notification, Ensure The Extent Of Land For The Proposed Acquisition Keeping In View The Bare 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

[MAHARASHTRA

[3][After Section 23 Of The Principal Act, The Following Section Shall Be Inserted, Namely:-

"23A. Award Of Collector 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 By Rules Made By The State Government, 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 Subsection (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 (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

[MAHARASHTRA]

[4][In Section 24 Of The Principal Act, In Sub-Section (2), After The 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 Stay 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 On Account Of Refusal Or Not Coming Forward For Receiving Compensation Despite Receipt Of Such Notice Under Sub-Section (2) Of Section 12 Of The Land Acquisition Act, 1894 (I Of 1894), Shall Be Excluded. Also If The Said Land Is Mutated Within Three Years After Passing The Award In The Name Of Acquiring Body, It Shall Be Deemed That The Possession Of The Land Has Been Taken.".]

Section 31 - Rehabilitation And Resettlement Award For Affected Families By Collector

(1)     The Collector Shall Pass Rehabilitation And Resettlement Awards For Each Affected Family In Terms Of The Entitlements Provided In The Second Schedule. 

(2)     The Rehabilitation And Resettlement Award Shall Include All Of The Following, Namely:-- 

(A)      Rehabilitation And Resettlement Amount Payable To The Family; 

(B)      Bank Account Number Of The Person To Which The Rehabilitation And Resettlement Award Amount Is To Be Transferred; 

(C)      Particulars Of House Site And House To Be Allotted, In Case Of Displaced Families; 

(D)      Particulars Of Land Allotted To The Displaced Families; 

(E)      Particulars Of One Time Subsistence Allowance And Transportation Allowance In Case Of Displaced Families; 

(F)       Particulars Of Payment For Cattle Shed And Petty Shops; 

(G)      Particulars Of One-Time Amount To Artisans And Small Traders; 

(H)     Details Of Mandatory Employment To Be Provided To The Members Of The Affected Families; 

(I)       Particulars Of Any Fishing Rights That May Be Involved;

(J)       Particulars Of Annuity And Other Entitlements To Be Provided; 

(K)      Particulars Of Special Provisions For The Scheduled Castes And The Scheduled Tribes To Be Provided:

Provided That In Case Any Of The Matters Specified Under Clauses (A) To (K) Are Not Applicable To Any Affected Family The Same Shall Be Indicated As ''Not Applicable":

Provided Further That The Appropriate Government May, By Notification Increase The Rate Of Rehabilitation And Resettlement Amount Payable To The Affected Families, Taking Into Account The Rise In The Price Index.

STATE AMENDMENTS

[MAHARASHTRA]

[5][After Section 31 Of The Principal Act, The Following Section Shall Be Inserted, Namely:-

" 31A. Payment Of Lump Sum Amount By State Government For Its Linear Nature Projects.

Notwithstanding Anything Contained In This Act, It Shall Be Competent For The State Government To Pay, Whenever The Land Is To Be Aquired For Its Own Use Amounting To Less Than One Hundred Acres Or Whenever The Land Is To Be Acquired In Case Of Projects Which Are Linear In Nature As Referred To The Proviso To Sub-Section (4) Of Section 10, As Rehabilitation And Resettlement Cost, Such Lump Sum Amount Equal To Fifty Per Cent. Of The Amount Of Compensation As Determined Under Section 27 To The Affected Families.".]

Section 40 - Special Powers In Case Of Urgency To Acquire Land In Certain Cases

  (1)   In Cases Of Urgency, Whenever The Appropriate Government So Directs, The Collector, Though No Such Award Has Been Made, May, On The Expiration Of Thirty Days From The Publication Of The Notice Mentioned In Section 21, Take Possession Of Any Land Needed For A Public Purpose And Such Land Shall Thereupon Vest Absolutely In The Government, Free From All Encumbrances. 

(2)     The Powers Of The Appropriate Government Under Sub-Section (1) Shall Be Restricted To The Minimum Area Required For The Defence Of India Or National Security Or For Any Emergencies Arising Out Of Natural Calamities Or Any Other Emergency With The Approval Of Parliament:

Provided That The Collector Shall Not Take Possession Of Any Building Or Part Of A Building Under This Sub-Section Without Giving To The Occupier Thereof At Least Forty-Eight Hours Notice Of His Intention To Do So, Or Such Longer Notice As May Be Reasonably Sufficient To Enable Such Occupier To Remove His Movable Property From Such Building Without Unnecessary Inconvenience.

(3)     Before Taking Possession Of Any Land Under Sub-Section (1) Or Sub-Section (2). The Collector Shall Tender Payment Of Eighty Per Cent. Of The Compensation For Such Land As Estimated By Him To The Person Interested Entitled Thereto. 

(4)     In The Case Of Any Land To Which, In The Opinion Of The Appropriate Government, The Provisions Of Sub-Section (1), Sub-Section (2) Or Sub-Section (3) Are Applicable, The Appropriate Government May Direct That Any Or All Of The Provisions Of Chapter II To Chapter VI Shall Not Apply, And, If It Does So Direct, A Declaration May Be Made Under Section 19 In Respect Of The Land At Any Time After The Date Of The Publication Of The Preliminary Notification Under Sub-Section (1) Of Section 11. 

(5)     An Additional Compensation Of Seventy-Five Per Cent. Of The Total Compensation As Determined Under Section 27. Shall Be Paid By The Collector In Respect Of Land And Property For Acquisition Of Which Proceedings Have Been Initiated Under Sub-Section (1) Of This Section:

Provided That No Additional Compensation Will Be Required To Be Paid In Case The Project Is One That Affects The Sovereignty And Integrity Of India, The Security And Strategic Interests Of The State Or Relations With Foreign States.

STATE AMENDMENTS

[MAHARASHTRA]

[6][In Section 40 Of The Principal Act, In Sub-Section (2), After The Words "Approval Of Parliament", The Words "Or To Comply With The Directions Given By The Central Government To The State Government" Shall Be Added.]

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

[MAHARASHTRA]

[7][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.]

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

[MAHARASHTRA

[8][For Section 87 Of The Principal Act, 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 (2 Of 1974), In Its Application To The State Of Maharashtra, Is Followed.".]

Section 105 - Provisions Of This Act Not To Apply In Certain Cases Or To Apply With Certain Modifications

(1)     Subject To Sub-Section (3), The Provisions Of This Act Shall Not Apply To The Enactments Relating To Land Acquisition Specified In The Fourth Schedule. 

(2)     Subject To Sub-Section (2) Of Section 106, The Central Government May, By Notification, Omit Or Add To Any Of The Enactments Specified In The Fourth Schedule. 

(3)     The Central Government Shall, By Notification, Within One Year From The Date Of Commencement Of This Act, Direct That Any Of The Provisions Of This Act Relating To The Determination Of Compensation In Accordance With The First Schedule And Rehabilitation And Resettlement Specified In The Second And Third Schedules, Being Beneficial To The Affected Families, Shall Apply To The Cases Of Land Acquisition Under The Enactments Specified In The Fourth Schedule Or Shall Apply With Such Exceptions Or Modifications That Do Not Reduce The Compensation Or Dilute The Provisions Of This Act Relating To Compensation Or Rehabilitation And Resettlement As May Be Specified In The Notification, As The Case May Be. 

(4)     A Copy Of Every Notification Proposed To Be Issued Under Sub-Section (3), Shall Be Laid In Draft Before Each House Of Parliament, While It Is In Session, For A Total Period Of Thirty Days Which May Be Comprised In One Session Or In Two Or More Successive Sessions, And If, Before The Expiry Of The Session Immediately Following The Session Or The Successive Sessions Aforesaid, Both Houses Agree In Disapproving The Issue Of The Notification Or Both Houses Agree In Making Any Modification In The Notification, The Notification Shall Not Be Issued Or, As The Case May Be, Shall Be Issued Only In Such Modified Form As May Be Agreed Upon By Both The Houses Of Parliament.

[STATE AMENDMENTS

[MAHARASHTRA

[9][After Section 105 Of The Principal Act, The Following Section Shall Be Inserted, Namely :-

"105-A. Provisions Of This Act Not To Apply To Certain Maharashtra Acts Or To Apply With Certain Modifications

(1)      Subject To Sub-Section (2), The Provisions Of This Act Shall Not Apply To Acquisition Of Land Under The Enactments Specified In The Fifth Schedule. 

(2)      The State Government May, By Notification, Within One Year From The Date Of Commencement Of The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement (Maharashtra Amendment) Act, 2018 (Mah. XXXVII Of 2018), Direct That Any Of The Provisions Of This Act, Relating To The Determination Of Compensation In Accordance With The First Schedule And Rehabilitation And Resettlement Specified In The Second And Third Schedules, Being Beneficial To The Affected Families, Shall Apply To The Cases Of Land Acquisition Under The Enactments Specified In The Fifth Schedule Or Shall Apply With Such Exceptions Or Modifications That Do Not Reduce The Compensation Or Dilute The Provisions Of This Act Relating To The Compensation, Rehabilitation And Resettlement As May Be Specified In The Notification, As The Case May Be :

Provided That, No Such Notification Shall Be Issued Except On A Resolution Passed By Both Houses Of The State Legislature.".]

Schedule - THE FOURTH SCHEDULE 

THE FOURTH SCHEDULE

(See Section 105)

LIST OF ENACTMENTS REGULATING LAND ACQUISITION AND REHABILITATION AND RESETTLEMENT

1.        The Ancient Monuments And Archaeological Sites And Remains Act, 1958 (24 Of 1958).

2.        The Atomic Energy Act, 1962 (33 Of 1962).

3.        The Damodar Valley Corporation Act, 1948 (14 Of 1948).

4.        The Indian Tramways Act, 1886 (11 Of 1886).

5.        The Land Acquisition (Mines) Act, 1885 (18 Of 1885).

6.        The Metro Railways (Construction Of Works) Act, 1978 (33 Of 1978).

7.        The National Highways Act, 1956 (48 Of 1956).

8.        The Petroleum And Minerals Pipelines (Acquisition Of Right Of User In Land) Act, 1962 (50 Of 1962).

9.        The Requisitioning And Acquisition Of Immovable Property Act, 1952 (30 Of 1952).

10.     The Resettlement Of Displaced Persons (Land Acquisition) Act, 1948 (60 Of 1948).

11.     The Coal Bearing Areas Acquisition And Development Act, 1957 (20 Of 1957).

12.     The Electricity Act, 2003 (36 Of 2003).

13.     The Railways Act, 1989 (24 Of 1989).

[STATE AMENDMENTS

[MAHARASHTRA]

[10][After The Fourth Schedule To The Principal Act, The Following Schedule Shall Be Added, Namely:-

"THE FIFTH SCHEDULE

(See Section 105-A)

LIST OF MAHARASHTRA ENACTMENTS REGULATING LAND ACQUISITION IN THE STATE OF MAHARASHTRA

1.        The Maharashtra Highways Act (LV Of 1955).

2.        The Maharashtra Industrial Development Act, 1961 (Mah. III Of 1962).

3.        The Maharashtra Regional And Town Planning Act, 1966 (Mah. XXXVII Of 1966).

4.        The Maharashtra Housing And Area Development Act, 1976 (Mah. XXVIII Of 1977)."]