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[Cites 0, Cited by 7] [Section 114] [Entire Act]

Union of India - Subsection

Section 114(2) in The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013

(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 OwnersThe 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 ofland 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 thecase of rural areas. 1.00 (One) to 2.00 (Two) based on the distance of project fromurban area, as may be notified by the appropriate Government.  
3. Factory by which the market value is to be multiplied in thecase 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 ofland mentioned against serial number I multiplied by the factorspecified against serial number 2 for rural areas or serialnumber 3 for urban areas plus value of assets attached to land orbuilding against serial number 4 under column (2).  
6. Final award in rural areas Market value of land mentioned against serial number Imultiplied by the factor specified against serial number 2 plusvalue of assets attached to land or building mentioned againstserial number 4 under column (2) plus solatium mentioned againstserial number 5 under column (2).  
7. Final award in urban areas. Market value of land mentioned against serial number Imultiplied by the factor specified against serial number 3 plusvalue of assets attached to land or building mentioned againstserial number 4 under column (2) plus solatium mentioned againstserial 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 ResettlementEntitlements Entitlement/ provision Whether provided or not (if provided, details tothe 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 houseshall be provided as per the Indira Awas Yojana specifications.If a house is lost in urban areas, a constructed house shall beprovided, which will be not less than 50 sq mts in plinth area.  
    (2) The benefits listed above shall also be extended to anyaffected family which is without homestead land and which hasbeen residing in the area continuously for a period of not lessthan three years preceding the date of notification of theaffected area and which has been involuntarily displaced fromsuch area:  
    Provided that any such family in urban areas which opts not totake the house offered, shall get a one-time financial assistancefor house construction, which shall not be less than one lakhfifty thousand rupees:  
    Provided further that if any affected family in rural areas soprefers, the equivalent cost of the house gay be offered in lieuof the constructed house:  
    Provided also that no family affected by acquisition shall begiven more than one house under the provisions of this Act.  
    Explanation.— The houses in urban areas may, ifnecessary, be provided in multi-storied building complexes.  
2. Land for Land In the case of irrigation project, as far as possible and inlieu of compensation to be paid for land acquired, each affectedfamily owning agricultural land in the affected area and whoseland has been acquired or lost, or who has, as a consequence ofthe acquisition or loss of land, been reduced to the status of amarginal farmer or landless, shall be allotted, in the name ofeach person included in the records of rights with regard to theaffected family, a minimum of one acre of land in the commandarea of the project for which the land is acquired:  
    Provided that in every project those persons losing land andbelonging to the Scheduled Castes or the Scheduled Tribes will beprovided land equivalent to land acquired or two and a one-halfacres, whichever is lower.  
3. Offer for Developed Land In case the land is acquired for urbanisation purposes, twentyper cent. of the developed land will be reserved and offered toland owning project affected families, in proportion to the areaof their land acquired and at a price equal to the cost ofacquisition and the cost of development:  
    Provided that in case the land owning project affected familywishes to avail of this offer, an equivalent amount will bededucted from the land acquisition compensation package payableto it.  
4. Choice of Annuity or Employment The appropriate Government shall ensure that the affectedfamilies are provided with the following options:  
    (a) where jobs are created through the project, afterproviding suitable training and skill development in the requiredfield, make provision for employment at a rate not lower than theminimum wages provided for in any other law for the time being inforce, to at least one member per affected family in the projector 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 thousandrupees per month per family for twenty years, with appropriateindexation to the Consumer Price Index for AgriculturalLabourers.  
5. Subsistence grant for displaced families for a period of oneyear Each affected family which is dis placed from the landacquired shall be given a monthly subsistence allowanceequivalent to three thousand rupees per month for a period of oneyear from the date of award.  
    In addition to this amount, the Scheduled Castes and theScheduled Tribes displaced from Scheduled Areas shall receive anamount equivalent to fifty thousand rupees.  
    In cases of displacement from the Scheduled Areas, as far aspossible, the affected families shall be relocated in a similarecological 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-timefinancial assistance of fifty thousand rupees as transportationcost for shifting of the family, building materials, belongingsand cattle.  
7. Cattle shed/ petty shops cost Each affected family having cattle or having a petty shopshall get one-time financial assistance of such amount as theappropriate Government may, by notification, specify subject to aminimum of twenty-five thousand rupees for construction of cattleshed 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 orself-employed person or an affected family which ownednon-agricultural land or commercial, industrial or institutionalstructure in the affected area, and which has been involuntarilydisplaced from the affected area due to land acquisition, shallget one-time financial assistance of such amount as theappropriate Government may, by notification. specify subject to aminimum of twenty-five thousand rupees.  
9. Fishing rights In cases of irrigation or hydel projects, the affectedfamilies may be allowed fishing rights in the reservoirs, in suchmanner as may be prescribed by the appropriate Government.  
10. One-time Resettlement Allowance Each affected family shall be given a one-time "ResettlementAllowance" of fifty thousand rupees only.  
11. Stamp duty and registration fee (1) The stamp duty and other fees payable for registration ofthe land or house allotted to the affected families shall beborne by the Requiring Body.  
    (2) The land for house allotted to the affected families shallbe free from all encumbrances.  
    (3) The land or house allotted may be in the joint names ofwife and husband of the affected family.  
The Third Schedule[See sections 32, 38(1) and 105(3)]Provision of Infrastructural AmenitiesFor 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 amenitiesprovided/ proposed to be provided by the acquire of land Details of infrastructure amenities provided by theacquirer of land
(1) (2) (3)
1. Roads within the resettled villages and an all-weather roadlink to the nearest pucca road, passages and easement rights forall the resettled families be adequately arranged.  
2. Proper drainage as well as sanitation plans executed beforephysical resettlement.  
3. One or more assured sources of safe drinking water for eachfamily 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 facilitiesfor opening saving accounts.  
9. Appropriate seed-cum-fertilizer storage facility if needed.  
10. Efforts must be made to provide basic irrigation facilities tothe agricultural land allocated to the resettled families if notfrom the irrigation project, then by developing a cooperative orunder some Government scheme or special assistance.  
11. All new villages established for resettlement of the displacedpersons shall be provided with suitable transport facility whichmust include public transport facilities through local busservices with the nearby growth centres/ urban localities.  
12. Burial or cremation ground, depending on the caste-communitiesat the site and their practices.  
13. Facilities for sanitation, including individual toilet points.  
14. Individual single electric connections (or connection throughnon-conventional sources of energy like solar energy), for eachhousehold and for public lighting.  
15. Anganwadi's providing child and mother supplementalnutritional services.  
16. School as per the provisions of the Right of Children to Freeand Compulsory Education Act, 2009 (35 of 2009);  
17. Sub-health centre within two kilometres range.  
18. Primary Health Centre as prescribed by the Government ofIndia.  
19. Playground for children.  
20. One community centre for every hundred families.  
21. Places of worship and chowpal/ tree platform for every fiftyfamilies for community assembly, of numbers and dimensionsconsonant with the affected area.  
22. Separate land must be earmarked for traditional tribalinstitutions.  
23. The forest dweller families must be provided, where possible,with their forest rights on non-timber forest produce and commonproperty resources, if available close to the new place ofsettlement and, in case any such family can continue their accessor entry to such forest or common property in the area close tothe place of eviction, they must continue to enjoy their earlierrights to the aforesaid sources of livelihood.  
24. Appropriate security arrangements must be provided for thesettlement, 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