(1)
The Land Acquisition Act, 1894 (1 of 1894) is hereby repealed.
(2)
Save as otherwise provided in this Act the repeal under sub-section (1) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeals.
The First Schedule
[See section 30 (2)]
Compensation for Land Owners
The following components shall constitute the minimum compensation package to be given to those whose land is acquired and to tenants referred to in clause (c) of section 3 in a proportion to be decided by the appropriate Government.
Serial No.
Component of compensation package in respect of
land acquired under the Act
Manner of determination of value
Date of determination of value
(1)
(2)
(3)
(4)
1.
Marker value of land
To be determined as provided under section 26.
2.
Factory by which the market value is to be multiplied in the
case of rural areas.
1.00 (One) to 2.00 (Two) based on the distance of project from
urban area, as may be notified by the appropriate Government.
3.
Factory by which the market value is to be multiplied in the
case of urban areas
1 (One).
4.
Value of assets attached to land or building
To be determined as provided under section 29.
5.
Solatium
Equivalent to one hundred per cent. of the market value of
land mentioned against serial number I multiplied by the factor
specified against serial number 2 for rural areas or serial
number 3 for urban areas plus value of assets attached to land or
building against serial number 4 under column (2).
6.
Final award in rural areas
Market value of land mentioned against serial number I
multiplied by the factor specified against serial number 2 plus
value of assets attached to land or building mentioned against
serial number 4 under column (2) plus solatium mentioned against
serial number 5 under column (2).
7.
Final award in urban areas.
Market value of land mentioned against serial number I
multiplied by the factor specified against serial number 3 plus
value of assets attached to land or building mentioned against
serial number 4 under column (2) plus solatium mentioned against
serial number 5 under column (2).
8.
Other component, if any, to be included
Note. - The date on which values mentioned under column (2) are determined should be indicated under column (4) against each serial number.
The Second Schedule
[See sections 31 (1), 38 (1) and 105 (3)]
Elements of Rehabilitation and Resettlement Entitlements for all the Affected Families (Both Land Owners and The Families Whose Livelihood is Primarily Dependent on Land Acquired) in Addition to those Provided in the First Schedule.
Serial No.
Elements of Rehabilitation and Resettlement
Entitlements
Entitlement/ provision
Whether provided or not (if provided, details to
the given)
(1)
(2)
(3)
(4)
1.
Provision of housing units in case of displacement
(1) If a house is lost in rural, areas, a constructed house
shall be provided as per the Indira Awas Yojana specifications.
If a house is lost in urban areas, a constructed house shall be
provided, which will be not less than 50 sq mts in plinth area.
(2) The benefits listed above shall also be extended to any
affected family which is without homestead land and which has
been residing in the area continuously for a period of not less
than three years preceding the date of notification of the
affected area and which has been involuntarily displaced from
such area:
Provided that any such family in urban areas which opts not to
take the house offered, shall get a one-time financial assistance
for house construction, which shall not be less than one lakh
fifty thousand rupees:
Provided further that if any affected family in rural areas so
prefers, the equivalent cost of the house gay be offered in lieu
of the constructed house:
Provided also that no family affected by acquisition shall be
given more than one house under the provisions of this Act.
Explanation.— The houses in urban areas may, if
necessary, be provided in multi-storied building complexes.
2.
Land for Land
In the case of irrigation project, as far as possible and in
lieu of compensation to be paid for land acquired, each affected
family owning agricultural land in the affected area and whose
land has been acquired or lost, or who has, as a consequence of
the acquisition or loss of land, been reduced to the status of a
marginal farmer or landless, shall be allotted, in the name of
each person included in the records of rights with regard to the
affected family, a minimum of one acre of land in the command
area of the project for which the land is acquired:
Provided that in every project those persons losing land and
belonging to the Scheduled Castes or the Scheduled Tribes will be
provided land equivalent to land acquired or two and a one-half
acres, whichever is lower.
3.
Offer for Developed Land
In case the land is acquired for urbanisation purposes, twenty
per cent. of the developed land will be reserved and offered to
land owning project affected families, in proportion to the area
of their land acquired and at a price equal to the cost of
acquisition and the cost of development:
Provided that in case the land owning project affected family
wishes to avail of this offer, an equivalent amount will be
deducted from the land acquisition compensation package payable
to it.
4.
Choice of Annuity or Employment
The appropriate Government shall ensure that the affected
families are provided with the following options:
(a) where jobs are created through the project, after
providing suitable training and skill development in the required
field, make provision for employment at a rate not lower than the
minimum wages provided for in any other law for the time being in
force, to at least one member per affected family in the project
or arrange for a job in such other project as may be required; or
(b) one time payment of five lakhs rupees per affected family;
or
(c) annuity policies that shall pay not less than two thousand
rupees per month per family for twenty years, with appropriate
indexation to the Consumer Price Index for Agricultural
Labourers.
5.
Subsistence grant for displaced families for a period of one
year
Each affected family which is dis placed from the land
acquired shall be given a monthly subsistence allowance
equivalent to three thousand rupees per month for a period of one
year from the date of award.
In addition to this amount, the Scheduled Castes and the
Scheduled Tribes displaced from Scheduled Areas shall receive an
amount equivalent to fifty thousand rupees.
In cases of displacement from the Scheduled Areas, as far as
possible, the affected families shall be relocated in a similar
ecological zone, so as to preserve the economic opportunities,
language, culture and community life of the tribal communities.
6.
Transportation cost for displaced families
Each affected family which is displaced shall get a one-time
financial assistance of fifty thousand rupees as transportation
cost for shifting of the family, building materials, belongings
and cattle.
7.
Cattle shed/ petty shops cost
Each affected family having cattle or having a petty shop
shall get one-time financial assistance of such amount as the
appropriate Government may, by notification, specify subject to a
minimum of twenty-five thousand rupees for construction of cattle
shed or petty shop as the case may be.
8.
One-time grant to artisan, small traders and certain others
Each affected family of an artisan, small trader or
self-employed person or an affected family which owned
non-agricultural land or commercial, industrial or institutional
structure in the affected area, and which has been involuntarily
displaced from the affected area due to land acquisition, shall
get one-time financial assistance of such amount as the
appropriate Government may, by notification. specify subject to a
minimum of twenty-five thousand rupees.
9.
Fishing rights
In cases of irrigation or hydel projects, the affected
families may be allowed fishing rights in the reservoirs, in such
manner as may be prescribed by the appropriate Government.
10.
One-time Resettlement Allowance
Each affected family shall be given a one-time "Resettlement
Allowance " of fifty thousand rupees only.
11.
Stamp duty and registration fee
(1) The stamp duty and other fees payable for registration of
the land or house allotted to the affected families shall be
borne by the Requiring Body.
(2) The land for house allotted to the affected families shall
be free from all encumbrances.
(3) The land or house allotted may be in the joint names of
wife and husband of the affected family.
The Third Schedule
[See sections 32, 38(1) and 105(3)]
Provision of Infrastructural Amenities
For resettlement of populations, the following infrastructural facilities and basic minimum amenities are to be provided at the cost of the Requisitioning Authority to ensure that the resettled population in the new village or colony can secure for themselves a reasonable standard of community life and can attempt to minimise the trauma involved in displacement.
A reasonably habitable and planned settlement would have, as a minimum, the following facilities and resources, as appropriate:
Serial No.
Component of infrastructure amenities
provided/ proposed to be provided by the acquire of land
Details of infrastructure amenities provided by the
acquirer of land
(1)
(2)
(3)
1.
Roads within the resettled villages and an all-weather road
link to the nearest pucca road, passages and easement rights for
all the resettled families be adequately arranged.
2.
Proper drainage as well as sanitation plans executed before
physical resettlement.
3.
One or more assured sources of safe drinking water for each
family as per the norms prescribed by the Government of India.
4.
Provision of drinking water for cattle.
5.
Grazing land as per proportion acceptable in the State.
6.
A reasonable number of Fair Price Shops.
7.
Panchayat Ghars, as appropriate.
8.
Village level Post Offices, as appropriate, with facilities
for opening saving accounts.
9.
Appropriate seed-cum-fertilizer storage facility if needed.
10.
Efforts must be made to provide basic irrigation facilities to
the agricultural land allocated to the resettled families if not
from the irrigation project, then by developing a cooperative or
under some Government scheme or special assistance.
11.
All new villages established for resettlement of the displaced
persons shall be provided with suitable transport facility which
must include public transport facilities through local bus
services with the nearby growth centres/ urban localities.
12.
Burial or cremation ground, depending on the caste-communities
at the site and their practices.
13.
Facilities for sanitation, including individual toilet points.
14.
Individual single electric connections (or connection through
non-conventional sources of energy like solar energy), for each
household and for public lighting.
15.
Anganwadi's providing child and mother supplemental
nutritional services.
16.
School as per the provisions of the Right of Children to Free
and Compulsory Education Act, 2009 (35 of 2009);
17.
Sub-health centre within two kilometres range.
18.
Primary Health Centre as prescribed by the Government of
India.
19.
Playground for children.
20.
One community centre for every hundred families.
21.
Places of worship and chowpal/ tree platform for every fifty
families for community assembly, of numbers and dimensions
consonant with the affected area.
22.
Separate land must be earmarked for traditional tribal
institutions.
23.
The forest dweller families must be provided, where possible,
with their forest rights on non-timber forest produce and common
property resources, if available close to the new place of
settlement and, in case any such family can continue their access
or entry to such forest or common property in the area close to
the place of eviction, they must continue to enjoy their earlier
rights to the aforesaid sources of livelihood.
24.
Appropriate security arrangements must be provided for the
settlement, if needed.
25.
Veterinary service centre as per norms.
Note. - Details of each component of infrastructural amenities mentioned under column (2) against serial numbers 1 to 25 should be indicated by the acquirer of land under column (3).
The Fourth Schedule
(See section 105)
List of Enactments Regulating Land Acquisition and Rehabilitation and Resettlement