(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said Act has not been repealed.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 TAMIL NADU [1][In section 24 of the
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 (Central Act 30 of 2013), in sub-section (2), after
the proviso, the following proviso and Explanation shall be added, namely:- "Provided further that nothing
contained in this sub-section shall apply, in case of land acquisition
proceedings initiated under the Land Acquisition Act, 1894 (Central Act I of
1894), where the land acquisition or dispossession of land is under litigation
before the court as on the 1st day of January 2014 or where the land owner has
not made any claim for compensation or has not claimed the compensation amount
as on the 1st day of January 2014; or where the possession of the land has been
taken, but the land or any portion thereof has been later encroached; or where
physical possession of land or any portion of the land has not been taken on
account of any encroachment. Explanation.-Where the compensation
payable under the Land Acquisition Act, 1894 (Central Act I of 1894) has been
deposited in a treasury or in a court, such compensation shall be deemed to
have been deposited in the account of the beneficiaries and paid in accordance
with the provision of the said Land Acquisition Act, for the purpose of this
sub-section.".] [2][In section 24 of the
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 (Central Act 30 of 2013), in sub-section (2), after
the proviso, the following proviso and Explanation shall be added, namely:- "Provided further that nothing contained
in this sub-section shall apply, in case of land acquisition proceedings
initiated under the Land Acquisition Act, 1894 (Central Act I of 1894), where
the land acquisition or dispossession of land is under litigation before the
court as on the 1st day of January 2014 or where the land owner has not made
any claim for compensation or has not claimed the compensation amount as on the
1st day of January 2014; or where the possession of the land has been taken,
but the land or any portion thereof has been later encroached; or where
physical possession of land or any portion of the land has not been taken on
account of any encroachment. Explanation.-Where the compensation
payable under the Land Acquisition Act, 1894 (Central Act I of 1894) has been
deposited in a treasury or in a court, such compensation shall be deemed to
have been deposited in the account of the beneficiaries and paid in accordance
with the provision of the said Land Acquisition Act, for the purpose of this
sub-section."] (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 [Tamil Nadu [3][After
Section 105 The Following Section Shall
Be Inserted, Namely:- "105-A.
Provisions Of This Act Not To Apply To Certain Tamil Nadu Acts Or To Apply With
Certain Modifications.-- (1) Subject To Sub-Section (2), The Provisions Of
This Act Shall Not Apply To The Enactments Relating To Land Acquisition
Specified In The Fifth Schedule. (2) The State 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 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 Compensation Or Rehabilitation And Resettlement As May Be
Specified In The Notification, As The Case May Be. (3) A Copy Of The Notification Proposed To Be Issued
Under Sub-Section (2) Shall Be Laid In Draft Before The Legislative Assembly Of
The State Of Tamil Nadu And If The Legislative Assembly Agrees In Disapproving
The Issue Of The Notification Or The Legislative Assembly Agrees In Making Any
Modifications 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 The Legislative Assembly.".] 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 [Tamil Nadu [4][After
Schedule Fourth The Following Schedule
Shall Be Added, Namely:- "THE FIFTH SCHEDULE. (See Section 105-A) LIST OF
TAMIL NADU ENACTMENTS REGULATING LAND ACQUISITION IN THE STATE OF TAMIL NADU. 1.
The Tamil Nadu Acquisition Of Land For Harijan Welfare Schemes Act, 1978
(Tamil Nadu Act 31 Of 1978). 2.
The Tamil Nadu Acquisition Of Land For Industrial Purposes Act, 1997
(Tamil Nadu Act 10 Of 1999). 3.
The Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 Of 2002)."] [1]
Inserted by Right To Fair Compensation And Transparency In Land
Acquisition, Rehabilitation And Resettlement (Tamil Nadu Second Amendment) Act,
2014. [2]
Inserted by the Right To Fair Compensation And Transparency In Land Acquisition,
Rehabilitation And Resettlement (Tamil Nadu Second Amendment) Act,
2014, w.e.f. 01.01.2014. [3]
Inserted
by Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Act, 2014 (Act 01
of 2015). [4]
Inserted by Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil
Nadu Amendment) Act, 2014 (Act 01 of 2015).RIGHT
TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND
RESETTLEMENT ACT, 2013 (TAMIL NADU AMENDMENT)