RIGHT TO
FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND
RESETTLEMENT (KARNATAKA AMENDMENT) ACT, 2019 THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT (KARNATAKA AMENDMENT) ACT, 2019 [Act No. 16 of 2019] [16th July, 2019] An Act to amend
the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 in its application to the State of
Karnataka. Whereas, it is
expedient to amend the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of
2013), in its application to the State of Karnataka for the purposes
hereinafter appearing; Be it enacted by
the Karnataka State Legislature in the Seventieth year of the Republic of India
as follows:- (1)
This Act may be called the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement (Karnataka
Amendment) Act, 2019. (2)
It shall come into force at once. In the Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (hereinafter referred to as the Principal Act), in
section 2, in sub-section (2), after the second proviso, the following proviso
shall be inserted, 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 subsection." In the principal
Act, after Chapter III, the following new chapter III-A shall be inserted,
namely:- "CHAPTER III-A Provisions of chapter II and chapter III not to apply to
certain projects 10-A.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)
infrastructure projects including educational
institutions, Hospitals, Government or Local Self Government Offices
electrification, irrigation projects and drinking water projects; and (c)
affordable housing and housing for the poor people." (d)
industrial corridors set up by the State Government and
its undertaking (in which case the land shall be acquired up to such distance
on both sides of designated railway lines or roads and as specified by the
State Government for specific projects from time to time and notified as such
in State Gazette); and (e)
infrastructure projects, including projects under
public-private partnership where the ownership of the land continues to vest
with the State 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" In the principal
Act, after section 23, the following section shall be inserted, namely:- "23-A. Award of Deputy Commissioner without enquiry in case of
agreement of interested persons:- (1)
Notwithstanding anything contained in section 23, if at
any stage of the proceedings, the Deputy Commissioner 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 Deputy Commissioner 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
sub-section (1) shall not in any way affect the determination of compensation
in respect of other land in the same locality or elsewhere in accordance with
the other provisions of this Act. (3)
Notwithstanding anything contained in the Registration
Act, 1908(Central Act 16 of 1908), no agreement made under sub-section (1)
shall be liable to registration under that Act. In the principal
Act, in section 24, in sub-section (2),- (1)
in the existing proviso for the words "where an
award has been made" the words "where the said award has been made
five years or more prior to the commencement of this Act" shall be
substituted; and (2)
after the existing proviso, the following proviso shall
be inserted, 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." In the principal
Act, after Chapter-IV, the following new Chapter IV-A shall be inserted,
namely:- "CHAPTER IV-A Voluntary acquisition of land 30-A. Acquisition of land by the State Government by entering into
agreement voluntary Acquisition of Land.- (1)
Notwithstanding anything contained in this 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 Authorised
Officer may enter into an agreement with the willing land owner to sell the
land in favour of the State Government 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 official Gazette. On such
publication of notification, the title, ownership and all interests of the land
owner who enters into agreement shall vest with the State Government free from
all encumbrances. (3)
Notwithstanding anything contained in the Registration
Act, 1908(Central Act 16 of 1908) no agreement entered under sub-section (1)
shall be liable for 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 lump-sum amount towards
rehabilitation and resettlement if any, as prescribed in the rules made
thereunder: Provided that, no
agreement or the lump-sum amount towards rehabilitation and resettlement as may
be prescribed, shall be abnormally at variance to the disadvantage of the land
owners. In the principal
Act, after section 31, the following section shall be inserted, namely:- "31-A. Payment of Lump-sum amount by State Government.- Notwithstanding
anything contained in this Act, whenever the land is to be acquired for any
projects as notified in section 10-A, it shall be competent for the State
Government to pay such lump sum amount as may be prescribed in the rules in
lieu of Rehabilitation and Resettlement: Provided that the
payment of such lump-sum amount in lieu of Rehabilitation and Resettlement as
may be prescribed, shall not be abnormally at variance to the disadvantage of
the affected families. In the principal
Act, after section 33, the following new section 33A shall be inserted,
namely:- "33-A. 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 authorised person or the Deputy
Commissioner shall recover the same as arrears of land revenue." 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. In the Principal
Act, for section 87 the following 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 (Central Act 2 of 1974) is followed." 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. In the principal
Act in section 109, in sub-section (2), after clause (u) the following clause
shall be inserted, namely:- "(v) to give
effect to the Right to Fair compensation and Transparency in Land Acquisition
Rehabilitation and Resettlement (Karnataka Amendment) Act, 2019". The provisions of
the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement (Karnataka Amendment) Act, 2019 shall have
effect notwithstanding anything contained in any law of judgment or order of
any Court or authority.
Preamble - RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT (KARNATAKA AMENDMENT) ACT, 2019PREAMBLE