1. Short title, extent and commencement.–(1) This Act may be called the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
(2)It extends to the whole of India 1***.
(3) It shall come into force on such date2
as the Central Government may, by notification in the
Official Gazette, appoint:
Provided that the Central Government shall appoint such date within three months from the date
on which the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Bill, 2013 receives the assent of the President.
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
1. The word “except the State of Jammu and Kashmir omitted by Act 34 of 2019, s. 95, and the Fifth Schedule (w.e.f. 31-10-
2019).
2. 1st January 2014, vide notification No. 3729(E), dated 19th December, 2013, see Gazette of India, Extraordinary, Part II,
sec. 3(ii).
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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, health 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
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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
Andhra Pradesh
In section 2, of 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”.
[Vide Andhra Pradesh Act 22 of 2018, sec. 2 (w.e.f. 1-1-2014).]
Maharashtra
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 subsection.”
[Vide Maharashtra Act 37 of 2018, sec. 2 (w.e.f. 26-4-2018).]
3. Definition.–In this Act, unless the context otherwise requires,—
(a) “Administrator” means an officer appointed for the purpose of rehabilitation and
resettlement of affected families under sub-section (1) of section 43;
(b) “affected area” means such area as may be notified by the appropriate Government for the
purposes of land acquisition;
(c) “affected family” includes—
(i) a family whose land or other immovable property has been acquired;
(ii) a family which does not own any land but a member or members of such family may
be agricultural labourers, tenants including any form of tenancy or holding of usufruct right,
share-croppers or artisans or who may be working in the affected area for three years prior to
the acquisition of the land, whose primary source of livelihood stand affected by the
acquisition of land;
(iii) the Scheduled Tribes and other traditional forest dwellers who have lost any of their
forest rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 (2 of 2007) due to acquisition of land;
(iv) family whose primary source of livelihood for three years prior to the acquisition of
the land is dependent on forests or water bodies and includes gatherers of forest produce,
hunters, fisher folk and boatmen and such livelihood is affected due to acquisition of land;
(v) a member of the family who has been assigned land by the State Government or the
Central Government under any of its schemes and such land is under acquisition;
(vi) a family residing on any land in the urban areas for preceding three years or more
prior to the acquisition of the land or whose primary source of livelihood for three years prior
to the acquisition of the land is affected by the acquisition of such land;
(d) “agricultural land” means land used for the purpose of—
(i) agriculture or horticulture;
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(ii) dairy farming, poultry farming, pisciculture, sericulture, seed farming breeding of
livestock or nursery growing medicinal herbs;
(iii) raising of crops, trees, grass or garden produce; and
(iv) land used for the grazing of cattle;
(e) “appropriate Government” means,—
(i) in relation to acquisition of land situated within the territory of, a State, the State
Government;
(ii) in relation to acquisition of land situated within a Union territory (except Puducherry),
the Central Government;
(iii) in relation to acquisition of land situated within the Union territory of Puducherry, the
Government of Union territory of Puducherry;
(iv) in relation to acquisition of land for public purpose in more than one State, the Central
Government, in consultation with the concerned State Governments or Union territories; and
(v) in relation to the acquisition of land for the purpose of the Union as may be specified
by notification, the Central Government:
Provided that in respect of a public purpose in a District for an area not exceeding such as
may be notified by the appropriate Government, the Collector of such District shall be deemed
to be the appropriate Government;
(f) “Authority” means the Land Acquisition and Rehabilitation and Resettlement Authority
established under section 51;
(g) “Collector” means the Collector of a revenue district, and includes a Deputy Commissioner
and any officer specially designated by the appropriate Government to perform the functions of a
Collector under this Act;
(h) “Commissioner” means the Commissioner for Rehabilitation and Resettlement appointed
under sub-section (1) of section 44;
(i) “cost of acquisition” includes—
(i) amount of compensation which includes solatium, any enhanced compensation ordered
by the Land Acquisition and Rehabilitation and Resettlement Authority or the Court and
interest payable thereon and any other amount determined as payable to the affected families
by such Authority or Court;
(ii) demurrage to be paid for damages caused to the land and standing crops in the process
of acquisition;
(iii) cost of acquisition of land and building for settlement of displaced or adversely
affected families;
(iv) cost of development of infrastructure and amenities at the resettlement areas;
(v) cost of rehabilitation and resettlement as determined in accordance with the provisions
of this Act;
(vi) administrative cost,—
(A) for acquisition of land, including both in the project site and out of project area
lands, not exceeding such percentage of the cost of compensation as may be specified by
the appropriate Government;
(B) for rehabilitation and resettlement of the owners of the land and other affected
families whose land has been acquired or proposed to be acquired or other families
affected by such acquisition;
(vii) cost of undertaking ‘Social impact Assessment study’;
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(j) “company” means—
(i) a company as defined in section 3 of the Companies Act, 1956 (1 of 1956) other than a
Government company;
(ii) a society registered under the Societies Registration Act, 1860 (21 of 1860) or under
any corresponding law for the time being in force in a State;
(k) “displaced family” means any family, who on account of acquisition of land has to be
relocated and resettled from the affected area to the resettlement area;
(l) “entitled to act”, in relation to a person, shall be deemed to include the following persons,
namely:—
(i) trustees for other persons beneficially interested with reference to any such case, and
that to the same extent as the person beneficially interested could have acted if free from
disability;
(ii) the guardians of minors and the committees or managers of lunatics to the same extent
as the minors, lunatics or other persons of unsound mind themselves, if free from disability,
could have acted:
Provided that the provisions of Order XXXII of the First Schedule to the Code of Civil
Procedure, 1908 (5 of 1908) shall, mutatis mutandis, apply in the case of persons interested
appearing before a Collector or Authority by a next friend, or by a guardian for the case, in
proceedings under this Act;
(m) “family” includes a person, his or her spouse, minor children, minor brothers and minor
sisters dependent on him:
Provided that widows, divorcees and women deserted by families shall be considered separate
families.
Explanation.—An adult of either gender with or without spouse or children or dependents
shall be considered as a separate family for the purposes of this Act;
(n) “holding of land” means the total land held by a person as an owner, occupant or tenant or
otherwise;
(o) “infrastructure project” shall include any one or more of the items specified in clause (b) of
sub-section (1) of section 2;
(p) “land” includes benefits to arise out of land, and things attached to the earth or permanently
fastened to anything attached to the earth;
(q) “landless” means such persons or class of persons who may be,—
(i) considered or specified as such under any State law for the time being in force; or
(ii) in a case of landless not being specified under sub-clause (i), as may be specified by
the appropriate Government;
(r) “land owner” includes any person,—
(i) whose name is recorded as the owner of the land or building or part thereof, in the
records of the authority concerned; or
(ii) any person who is granted forest rights under the Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) or under any
other law for the time being in force; or
(iii) who is entitled to be granted Patta rights on the land under any law of the State
including assigned lands; or
(iv) any person who has been declared as such by an order of the court or Authority;
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(s) “local authority” includes a town planning authority (by whatever name called) set up
under any law for the time being in force, a Panchayat as defined in article 243 and a Municipality
as defined in article 243P, of the Constitution;
(t) “marginal farmer” means a cultivator with an un-irrigated land holding up to one hectare or
irrigated land holding up to one-half hectare;
(u) “market value” means the value of land determined in accordance with section 26;
(v) “notification” means a notification published in the Gazette of India or, as the case may be,
the Gazette of a State and the expression “notify” shall be construed accordingly;
(w) “patta” shall have the same meaning as assigned to it in the relevant Central or State Acts
or rules or regulations made thereunder;
(x) “person interested” means—
(i) all persons claiming an interest in compensation to be made on account of the
acquisition of land under this Act;
(ii) the Scheduled Tribes and other traditional forest dwellers, who have lost any forest
rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 (2 of 2007);
(iii) a person interested in an easement affecting the land;
(iv) persons having tenancy rights under the relevant State laws including share-croppers
by whatever name they may be called; and
(v) any person whose primary source of livelihood is likely to be adversely affected;
(y) “prescribed” means prescribed by rules made under this Act;
(z) “project” means a project for which land is being acquired, irrespective of the number of
persons affected;
(za) “public purpose” means the activities specified under sub-section (1) of section 2;
(zb) “Requiring Body” means a company, a body corporate, an institution, or any other
organisation or person for whom land is to be acquired by the appropriate Government, and
includes the appropriate Government, if the acquisition of land is for such Government either for
its own use or for subsequent transfer of such land is for public purpose to a company, body
corporate, an institution, or any other organisation, as the case may be, under lease, licence or
through any other mode of transfer of land;
(zc) “Resettlement Area” means an area where the affected families who have been displaced
as a result of land acquisition are resettled by the appropriate Government;
(zd) “Scheduled Areas” means the Scheduled Areas as defined in section 2 of the Provisions of
the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996);
(ze) “small farmer” means a cultivator with an un-irrigated land holding up to two hectares or
with an irrigated land holding up to one hectare, but more than the holding of a marginal farmer.
STATE AMENDMENT
Jammu And Kashmir and Ladakh (UTS).—
Section 3.-
In clause (e):—
(i) in sub-clause (ii), after “except Puducherry”, insert “and Jammu and Kashmir”;
(ii) in sub-clause (iii), after “Union territory of Puducherry” occurring at both the places, insert
“and Union territory of Jammu and Kashmir”.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide
notification No. S.O. 1123(E), dated (18-3-2020).]