Section 46 in The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Title: Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons.

Description: (1) Where any person other than a specified person is purchasing land through private negotiations for an area equal to or more than such limits, as may be notified by the appropriate Government, considering the relevant State specific factors and circumstances, for which the payment of Rehabilitation and Resettlement Costs under this Act is required, he shall file an application with the District Collector notifying him of— (a) intent to purchase; (b) purpose for which such purchase is being made; (c) particulars of lands to be purchased. (2) It shall be the duty of the Collector to refer the matter to the Commissioner for the satisfaction of all relevant provisions under this Act related to rehabilitation and resettlement. (3) Based upon the Rehabilitation and Resettlement Scheme approved by the Commissioner as per the provisions of this Act, the Collector shall pass individual awards covering Rehabilitation and Resettlement entitlements as per the provisions of this Act. (4) No land use change shall be permitted if rehabilitation and resettlement is not complied with in full. (5) Any purchase of land by a person other than specified persons without complying with the provisions of Rehabilitation and Resettlement Scheme shall be void ab initio: Provided that the appropriate Government may provide for rehabilitation and resettlement provisions on sale or purchase of land in its State and shall also fix the limits or ceiling for the said purpose. (6) If any land has been purchased through private negotiations by a person on or after the 5th day of September, 2011, which is more than such limits referred to in sub-section (1) and, if the same land is acquired within three years from the date of commencement of this Act, then, forty per cent. of the compensation paid for such land acquired shall be shared with the original land owners. Explanation.--For the purpose of this section, the expression— (a) "original land owner" refers to the owner of the land as on the 5th day of September, 2011; (b) "specified persons" includes any person other than— (i) appropriate Government; (ii) Government company; (iii) association of persons or trust or society as registered under the Societies Registration Act, 1860 (21 of 1860), wholly or partially aided by the appropriate Government or controlled by the appropriate Government. STATE AMENDMENTS Andhra Pradesh [In the principal Act, in section 46, in sub-section (6), in the Explanation, in clause (b), the words "any person other than", shall be omitted.] [Vide Andhra Pradesh Act 22 of 2018, sec. 9 (w.e.f. 1-1-2014).] Maharashtra "In section 46 of the principal Act, in sub-section (6), in the Explanation, in clause (b), sub-clauses (i) and (ii) shall be deleted." [Vide Maharashtra Act 37 of 2018, sec. 8.] (w.e.f. 26.4.2018).

Title: Quantification and deposit of rehabilitation and resettlement amount.

Description: Where the Collector is of the view that the obligations of the Requiring Body with regard to rehabilitation and resettlement can be quantified into monetary amount, he shall allow the payment of such amount into an account in complete satisfaction of such obligations, which shall be administered by the Administrator appointed under section 43, under the supervision of the Collector.

Title: Establishment of National Monitoring Committee for rehabilitation and resettlement.

Description: (1) The Central Government may, whenever necessary, for national or inter-State projects, constitute a National Monitoring Committee for reviewing and monitoring the implementation of rehabilitation and resettlement schemes or plans under this Act. (2) The Committee may, besides having representation of the concerned Ministries and Departments of the Central and State Governments, associate with it eminent experts from the relevant fields. (3) The procedures to be followed by the Committee and the allowances payable to the experts shall be such as may be prescribed. (4) The Central Government shall provide officers and other employees to the Committee necessary for its efficient functioning.

Title: Reporting requirements.

Description: The States and Union territories shall provide all the relevant information on the matters covered under this Act, to the National Monitoring Committee in a regular and timely manner, and also as and when required.

Title: Establishment of State Monitoring Committee for rehabilitation and resettlement.

Description: (1) The State Government shall constitute a State Monitoring Committee for reviewing and monitoring the implementation of rehabilitation and resettlement schemes or plans under this Act. (2) The Committee may, besides having representatives of the concerned Ministries and Departments of the State Government, associate with it eminent experts from the relevant fields. (3) The procedures to be followed by the Committee and the allowances payable to the experts shall be such as may be prescribed by the State. (4) The State Government shall provide such officers and other employees to the Committee as may be necessary for its efficient functioning.