ri+} ro Sto Uc7o ((7)04/0007/2003 _15

ordinance · 2013 · State unknown

Download PDF Parent Act Back to Subordinates

Parent: THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 (2f291fcf18c3b5794dea794551421d0ed83cce05)

Text

ri+} ro Sto Uc7o ((7)04/0007/2003 _15 REGISTERED NO_ DL _(N)04/0007/2003_15 HR TT 4615R @he Gazette of Zndia 3TMRU EXTRAORDNNARY HTT I_@us 1 PART MI Section 1 gifechT TaTa PUBLISHED BY AUTHORITY 16] No: 16] 7 fcrilt, YIhAK, 340 3, 2015/47 13, 1937 P1T ) NEW DELHL, FRIDAY,APRIL 3, 201S/CHAITRA 13,1937 (SAKA) 54 HT #f17.9 TOA & v & fRNA f 4 313T Taal7 9 7y 4Tut J %or Separate paging is given to this Part in order that it may be filed as a separate compilation: MINISTRY OF LAWAND JUSTICE (Legislative Department) New Delhi, the 3rd April, 2015/Chaitra 13,1937 (Saka) THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (AMENDMENT) ORDINANCE, 2015 No. 4 OF 2015 Promulgated by the President in the Sixty-sixth Year of the Republic of India. An Ordinance further to amend the Right to Fair Compensation and Transparency inLandAcquisition, Rehabilitation and Resettlement Act, 2013. WHEREAS the Right t0 Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2014 to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the RFCTLARR Act; 2013) was promulgated by the President on the 3lst day of December; 2014; AND WHEREAS the RFCTLARR (Amendment) Bill, 2015 was introduced on the 24th February, 2015 in the House of the People to replace the said Ordinance and the said Bill was passed alongwith amendments on the IOth March; 2015 in the House of the People; AND WHEREAS the RFCTLARR (Amendment) Bill, 2015 as passed by the House of the People could not be passed by the Council of States and is pending in that House; THE GAZETTE OF INDIA EXTRAORDINARY [PART II AND WHEREAS the Council of States is not in session and the Presid

Rule TOC

7 · fcrilt, YIhAK, 340 3, 2015/47 13, 1937 P1T )

54 · HT #f17.9 TOA & v & fRNA f 4 313T Taal7 9 7y 4Tut J %or

3 · In the principal Act; in sub-section (2) of 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 sub-section (1) of section 1OA and the purposes specified therein shall be exempted from the provisions of the first proviso to this sub-section. Amendment 4. In the principal _ Act, in section 3, of section 3. (i) in clause (j) in sub-clause (i), for the words and figures "the Companies Act, 1 of 1956_ 1956" , the words and figures "the Companies Act; 2013" shall be substituted; 18 of 2013_ (ii) after clasue Y) , the following clause shall be inserted, namely: yy) "private entity" means any entity other than a Government entity O undertaking and includes a proprietorship, partnership, company, corporation, non-profit organisation O Other entity under any law for the time being in force; Insertion of new 5. In the principal Act, after Chapter III, the following Chapter shall be inserted, Chapter IIIA_ namely:

7 · In the principal Act; in section 31,in sub-section (2), in clause (h); after the words Amendment affected families the words including compulsory employment to at least one member of of section 31. such affected family of a farm labourer" shall be inserted.

8 · In the principal Act; in section 46, in sub-section (6), in the Explanation, in Amendment clause (b); the words any person other than shall be omitted_ of section 46.

9 · In the principal Act; after section 67 , the following section shall be inserted, namely:

67A · The Authority shall, after receiving reference under section 64 and after Hearing to be giving notice of such reference t0 all parties concerned, hold the hearing in the district held by Authority in where the land acquisition takes place for settlement of the objections raised in the district Or reference. districts to decide grievances_ 10. In the principal Act; for section 87, the following section shall be substituted, Substitution namely: of new section for section 87. "87. Where an offence under this Act has been committed by any person who is Offences by or was employed in the Central Government or the State Government, as the case may Government officials_ 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 is followed.

1 · In the principal Act; in section 101, for the words, period of five years the Amendment words period specified for setting up of any project or for five years, whichever is later; of section 101. shall be substituted.

12 · In the principal Act, in section 105, Amendment of section for sub-section (3), the following sub-section shall be substituted, namely: 105. "(3) The provisions of this Act relating to the determination of compensation in accordance with the First Schedule, rehabilitation and resettlement in accordance with the Second Schedule and infrastructure amenities in accordance with the Third Schedule shall apply to the enactments relating to land acquisition specified in the Fourth Schedule with effect from Ist January, 2015. ii) sub-section (4) shall be omitted: 13. In the principal Act; in section 113,in sub-section (1), Amendment of section for the words *the provisions of this Part" the words "the provision of this 113, Act" shall be substituted;