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State of Maharashtra - Act

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Maharashtra Amendment) Act, 2018

MAHARASHTRA
India

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Maharashtra Amendment) Act, 2018

Act 37 of 2018

Published on 26 April 2018
Commenced on 26 April 2018
[This is the version of this document from 26 April 2018.]
[Note: The original publication document is not available and this content could not be verified.]

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Maharashtra Amendment) Act, 2018(Maharashtra Act No. 37 of 2018)(First published, after having received the assent of the President in the "Maharashtra Government Gazette", on the 26th April, 2018).An Act further to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in its application to the State of Maharashtra.Whereas, it is expedient further to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in its application to the State of Maharashtra, for the purposes hereinafter appearing; it is hereby enacted in the Sixty-ninth Year of the Republic of India as follows :-

1. Short title.

- This Act may be called the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Maharashtra Amendment) Act, 2018.

2. Amendment of section 2 of Act 30 of 2013.

- In section 2 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in its application to the State of Maharashtra (hereinafter referred to as "the principal Act"), in sub-section (2), after the second proviso, the following proviso shall be added, namely :-"Provided also that, the acquisition of land for the projects listed in section 10-A and the purposes specified therein, shall be exempted from the provisions of the first proviso to this sub-section.".

3. Insertion of a new section 10-A in Act 30 of 2013.

- After section 10 of the principal Act, the following section shall be inserted, namely :-"10-A. Power of State Government to exempt certain projects. - The State Government may, in the public interest, by notification in the Official Gazette, 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 irrigation and electrification;

(c)affordable housing and housing for the poor people;

(d)industrial area or industrial estate set up by the State Government and its undertaking;

(e)industrial corridor set up by the State Government and its undertaking (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

(f)infrastructure projects including projects under public-private partnership where the ownership of land continues to vest with the Government :

Provided that, the State Government shall, before issue of notification, ensure the extent of land for the proposed acquisition keeping in view the bare minimum land required for such project.

4. Insertion of a new section 23-A in Act 30 of 2013.

- After section 23 of the principal Act, the following section shall be inserted, namely :-"23-A. (1) Notwithstanding anything contained in section 23, if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to 1 be included in the award of the Collector in the form prescribed by rules made by the State Government, he may, without making further enquiry, make an award according to the terms of such agreement.

(2)The determination of compensation for any land under sub-section (1) shall not in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act. Award of Collector without enquiry in case of agreement of interested persons. -

(3)Notwithstanding anything. Contained in the Registration Act, 1908, no agreement made under sub-section (1) shall be liable to registration under that Act.".

5. Amendment of section 24 of Act 30 of 2013.

- In section 24 of the principal Act, in sub-section (2), after the proviso, the following proviso shall be added, namely :-"Provided further that, in computing the period referred to in this subsection, 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 is lying deposited in a Court or in any designated account- maintained for this purpose on account of refusal or not coming forward for receiving compensation despite receipt of such notice under sub-section (2) of section 12 of the Land Acquisition Act, 1894, shall be excluded. Also if the said land is mutated within three years after passing the award in the name of acquiring body, it shall be deemed that the possession of the land has been taken.".

6. Insertion of a new section 31-A in Act 30 of 2013.

- After section 31 of the principal Act, the following section shall be inserted, namely :-"31-A. Payment of lump sum amount by State Government for its linear nature projects. - Notwithstanding anything contained in this Act, it shall be competent for the State Government to pay, whenever the land is to be acquired for its own use amounting to less than one hundred acres or whenever the land is to be acquired, in case of projects which are linear in nature as referred to the proviso to sub-section (4) of section 10, as Rehabilitation and Resettlement cost, such lump sum amount equal to fifty per cent. of the amount of compensation as determined under section 27 to the affected families.".

7. Amendment of section 40 of Act 30 of 2013.

- In section 40 of the principal Act, in sub-section (2), after the words "approval of Parliament", the words "or to comply with the directions given by the Central Government to the State Government" shall be added.

8. Amendment of section 46 of Act 30 of 2013.

- 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.

9. Substitution of section 87 of Act 30 of 2013.

- For section 87 of the principal Act,.the following section shall be substituted, namely :-"87. Offences by Government Officials. - Where any offence under this Act has been committed by any person who is or was employed in the Central Government or the State Government, as the case may be, at the time of commission of such alleged offence, the Court shall take cognizance of such offence provided the procedure laid down in section 197 of the Code of Criminal-Procedure, 1973, in its application to the State of Maharashtra, is followed.".

10. Insertion of a new section 105-A in Act 30 of 2013.

- After section 105 of the principal Act, the following section shall be inserted, namely :-"105-A. Provisions of this Act not to apply to certain Maharashtra Acts or to apply with certain modifications. - (1) Subject to sub-section (2), the provisions of this Act shall not apply to acquisition of land under the enactments specified in the Fifth Schedule.

(2)The State Government may, by notification, within one year from the date of commencement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Maharashtra Amendment) Act, 2018, direct ,that any of the proVisions of this Act, relating to the determination of compensation in accordance with the First Schedule and rehabilitation and resettlement specified in the Second and Third Schedules, being beneficial to the affected families, shall apply to the cases of land acquisition under the enactments specified in the Fifth Schedule or shall apply with such exceptions or modifications that do not reduce the compensation or dilute- the provisions of this Act relating to the compensation, rehabilitation and resettlement as may be specified in the notification, as the case may be :Provided that, no such notification shall be issued except on a resolution passed by both Houses of the State Legislature.".

11. Addition of Fifth Schedule in Act 30 of 2013.

- After the Fourth Schedule to the principal Act, the following Schedule shall be added, namely :-"The Fifth Schedule(See section 105-A)List of Maharashtra Enactments Regulating Land Acquisition in the State of Maharashtra

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State of Maharashtra - Act