The Right to Fair Compensation and

Transparency in Land Acquisition,

Rehabilitation and Resettlement
Act, 2013
CAME INTO FORCE ON 1.1.2014
(VIDE gOi Gazette notification dt. 19.12.2013)
 Scope of RFCTLARR Act 2013
 Both LA and R&R Provisions(irrespective of area) apply when:

1) Government acquires land for its own use, hold and control or for
PSU;
 (Direct Acquisition without consent of land owners)

2) Government acquires land with the ultimate purpose to transfer it

for the use of private companies for stated public purpose
(including PPP projects but other than national highway projects);

 (provided 70% of the project affected families give consent to the

proposed acquisition)

3) Government acquires land for immediate and declared use by

private companies for public purpose.

 (provided 80% of the project affected families give consent to the

proposed acquisition)
 Scope of RFCTLARR Act 2013

 Only R&R provisions will apply when:

 Purchase through private negotiation beyond specified limit in urban and rural
areas (to be finalized by concerned State Govt.) Punjab Govt. fixed 100 acre for
both urban and rural areas, in Orissa it will be governed by Orissa Land Reforms
Act,1960.
 No Acquisition of land:
 Land for private companies for private purposes;

 No acquisition of land in Scheduled Areas as far as possible

 If inevitable prior consent of Gram sabha/Panchayat, District Council must with

special provisions.

 Any multi-crop irrigated land (beyond specified limit) for public purposes

Wherever multi crop irrigated land is acquired an equivalent area of

culturable waste land shall be developed for agricultural purposes (or an
amount equivalent to the value of the land acquired shall be deposited with
the appropriate Government for investment in agriculture for enhancing food-
security).
ACTIVITY CHART FOR LAND ACQUISITION FOR SUBSTATION UNDER THE RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION AND REHABILITATION &
RESETTLEMENT ACT, 2013
Substation Site Selection

Submission of Proposal for

Land Acquisition
Notification under sec-4

Notification
Social Impact Assessment
Time frame (Max)
Pre-
conducted by State Govt.
9 months
from start to
Legitimacy of ‘Public Purpose’ and SIA
possession of is approved by Expert Committee Sec.
– 7 and by Govt.sec-8
land:
12 months
3 Years + 9 month Publication of Preliminary Notification
Sec – 4 of
= 3 Yrs. 9 months. Sec. – 11
LAA, 1894

census Survey & Preparation of R &

R Scheme by Administrator Finalization of
Section –16 R&R Scheme
(within 1 Year
Notification

of PN) 1 Year

Public Hearing on R&R scheme Sec.

– 16(5) and approval sec-17-18

Declaration Sec.– 6 of
Sec. – 19 LAA, 1894

1Year
Award Sec.– 11 of
Sec. – 30 LAA, 1894 3 months for Com.
6 months for R&R
Disbursement of Compensation & (No possession
R&R benefit Sec-38 without this)
 Compensation for Land
1. Market value of the land:
a) the minimum land value, if any, specified in the Indian Stamp Act, 1899 for the
registration of sale deeds in the area, where the land is situated;
or
b) the average of the sale price for similar type of land situated in the village or vicinity,
ascertained from fifty percent of the sale deeds registered during the preceding
three years, where higher price has been paid;
or
c) consented amount of compensation as agreed upon under sub-section (2) of section
2 in case of acquisition of lands for private companies or for public private
partnership project.

whichever is higher

 Market value x Multiplier between 1 to 2 in rural areas only (No multiplier in urban areas).
2. Value of the assets attached to land:

 Building/Trees/Wells/Crop etc. as valued by relevant govt. authority;

 Total compensation = 1+2

3. Solatium: 100% of total compensation

4. 12% interest on market value of land w.e.f. SIA Notification till date of Award
 Urgency Clause-Section 40
 Urgency Clause only in the following cases:

 National defense and security purposes;

 R&R needs in the event of emergencies or natural calamities;

 To be exercised in 'rarest of rare' cases.

 In case of Urgency Clause:

 Addl. Compensation to the tune of 75% levied

 Social Impact Assessment is exempted

 Return of Land
 Land returned to original owner/legal heirs/ land bank if not used in 5
years for the purpose for which it is acquired.
 Retrospective Operation Section-24
(1) Notwithstanding anything contained in this Act, in any case of land acquisition
proceedings initiated under the Land Acquisition Act. 1894,-

(a) where no award under section 11 of the said Land Acquisition Act has been made,
then, all provisions of this Act relating to the determination of compensation
shall apply;
or
(b) where an award under said section 11 has been made, then such proceedings
shall continue under the provisions of the said Land Acquisition Act, as if the
said Act has not been repealed.

(2) Notwithstanding anything contained in sub-section (1), in case of land acquisition

proceedings initiated under the LAA 1894, where an award under section-11 has
been made five years or more prior to the commencement of this Act but the
physical possession of the land has not been taken or the compensation has not
been paid the said proceedings shall be deemed to have lapsed
 Role and Responsibility of State Govt. for start of Implementation of Act

 ESTABLISHMENT OF SOCIAL IMPACT ASSESSMENT (SIA) UNIT

 selecting the SIA team for each project from the individuals and institutions
registered/empanelled in the State Database
 To develop Project specific ToR
 Ensuring no conflicts of interest involving the team members

 FORMULATION OF EXPERT GROUP TO STUDY SIA REPORT AND RECOMMENDATION

Commissioner, R&R to appoint the members of the Expert Group
Names of group members to be publically disclosed

 LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY

Appointment of Presiding Officer

 OFFICE OF THE COMMISSIONER R&R

 Appointment of Commissioner Rehabilitation and Resettlement
Appointment of Project Specific Administrator for Rehabilitation and Resettlement

 THE STATE LEVEL MONITORING COMMITTEE

 USER-FRIENDLY WEBSITE AS A PUBLIC PLATFORM TO DISCLOSE ENTIRE WORK FLOW

OF EACH ACQUISITION CASE.
 INDICATIVE ONLY (CONCERNED STATE TO DECIDE FINAL FACTOR)

Radial Distance from urban area (km) Multiplier Factor

0-10 1.00
10-20 1.20
20-30 1.40
30-40 1.80
40-50 2.00
Punjab fixed 1.25 for 1-10 km, 1.50 for 10-20 km and 2.00 for above 20 km;
Karnataka fixed 2.00 for all rural areas (irrespective of distance from Urban Areas).
 COMPOSITION OF EXPERT GROUP
(SECTION-7(2)

 Two non-official Social Scientists;

 Two representatives of Panchayat/ Gram Sabha/

Municipality/ or Municipal Corporation;

 Two experts on Rehabilitation and

 A technical expert in the subject relating to the

project
ROLE/RESPONSIBILITIES OF REQUIRING BODY IN SIA PROCESS
 Social Impact Assessment (SIA) mandatory in all cases of acquisition of land for
Public Purpose under the Act except under urgency clause- Rule 10 (1 & 3)

 No SIA will be commissioned by the Requiring Body- Rule 12 (1)

 The State Government shall identify or establish an independent organisation

(hereinafter referred to as the State SIA Unit), which will be responsible for
ensuring all SIAs as per the provisions under the Act- Rule 12 (2)

 Preparation of Project specific Terms of Reference (ToR) by SIA Unit- Rule 13 (1) a

 The Requiring Body will deposit the SIA fee into a dedicated bank account for the
SIA- Rule 13 (1) c

 The Requiring Body will not be involved in any way in appointing or overseeing
the team that will carry out the SIA - Rule -15 (1)

 The State SIA Unit will be responsible for selecting the SIA team- Rule 15 (2)