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Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2015 (No. 4 of 2015)

Country/Territory
India
Document type
Legislation
Date
2015
Source
FAO, FAOLEX
Long title
An Ordinance further to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Subject
Land & soil
Keyword
Agricultural land Expropriation Legal proceedings/administrative proceedings Abandoned land/unoccupied land
Geographical area
Asia, Asia and the Pacific, Indian Ocean, South Asian Seas, Southern Asia
Entry into force notes
It shall be deemed to have come into force on the 31st day of December, 2014
Abstract

This Ordinance amends the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by adding a new Chapter IIIa, which concerns the non-application of Chapter II and III to certain projects. The appropriate Government may, in the public interest, by notification, 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) rural infrastructure including electrification; (c) affordable housing and housing for the poor people; (d) industrial corridors set up by the appropriate Government and its undertakings (in which case the land shall be acquired up to one kilometre on both sides of designated railway line or roads for such industrial corridor); and (e) infrastructure projects including projects under public-private partnership where the ownership of land continues to vest with the Government: Provided that the appropriate Government shall, before the issue of notification, ensure the extent of land for the proposed acquisition keeping in view the bare minimum land required for such project. The appropriate Government shall undertake a survey of its wasteland including arid land and maintain a record containing details of such land, in such manner as may be prescribed by the appropriate Government. In section 24 a proviso is added: “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 stay 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 lying deposited in a court or in any designated account maintained for this purpose shall be excluded.”.

Full text
English
Website
indiacode.nic.in

References - Legislation

Amends

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (No. 30 of 2013).

Legislation | India | 2013

Keyword: Agricultural land, Indigenous peoples, Institution, Liability/compensation, Legal proceedings/administrative proceedings, Agricultural development, Expropriation, Ownership, Land tenure, Public private partnership (PPP), PIC-prior informed consent

Source: FAO, FAOLEX