The Land Acquisition Act 2013, Part-2

Act: RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013

(also known as The Land Acquisition Act 2013)

[Part 2 (of 6): This page covers from “Section 4″ to “Section 10″]

[Original Act of Land Acquisition Act 2013]

[To see the Main page of this Act, click here]

[To see Section 1 to Section 3 of this Act (Part 1), click here]

[To see Section 4 to Section 10 of this Act (Part 2), click here]

[To see Section 11 to Section 15 of this Act (Part 3), click here]

[To see Section 15 to Section 20 of this Act (Part 4), click here]

[To see Section 21 to Section 30 of this Act (Part 5), click here]

[To see Section 31 to Section 42 of this Act (Part 6), click here]

Section 4 – Preparation of Social Impact Assessment study

(1) Whenever the appropriate Government intends to acquire land for a public purpose, it shall consult the concerned Panchayat. Municipality or Municipal Corporation, as the case may be, at village level or ward level, in the affected area and carry out a Social Impact Assessment study in consultation with them, in such manner and from such date as may be specified by such Government by notification.
(2) The notification issued by the appropriate Government for commencement of consultation and of the Social Impact Assessment study under sub-section (1) shall be made available in the local language to the Panchayat. Municipality or Municipal Corporation, as the case may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate Government:
Provided that the appropriate Government shall ensure that adequate representation has been given to the representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation, as the case may be, at the stage of carrying out the Social Impact Assessment study:
Provided further that the appropriate Government shall ensure the completion of the Social Impact Assessment study within a period of six months from the date of its commencement.
(3) The Social Impact Assessment study report referred to in sub-section (1) shall be made available to the public in the manner prescribed under section 6.
(4) The Social Impact Assessment study referred to in sub-section (1) shall, amongst other matters, include all the following, namely:–
(a) assessment as to whether the proposed acquisition serves public purpose;
(b) estimation of affected families and the number of families among them likely to be displaced;
(c) extent of lands, public and private, houses, settlements and other common properties likely to be affected by the proposed acquisition;
(d) whether the extent of land proposed for acquisition is the absolute bare-minimum extent needed for the project;
(e) whether land acquisition at an alternate place has been considered and found not feasible;
(f) study of social impacts of the project, and the nature and cost of addressing them and the impact of these costs on the overall costs of the project vis-a-vis the benefits of the project:
Provided that Environmental Impact Assessment study, if any, shall be carried out simultaneously and shall not be contingent upon the completion of the Social Impact Assessment study.
(5) While undertaking a Social Impact Assessment study under sub-section (1), the appropriate Government shall, amongst other things, take into consideration the impact that the project is likely to have on various components such as livelihood of affected families, public and community properties, assets and infrastructure particularly roads, public transport, drainage, sanitation, sources of drinking water, sources of water for cattle, community ponds, grazing land, plantations, public utilities such as post offices, fair price shops, food storage godowns, electricity supply, health care facilities, schools and educational or training facilities, anganwadis, children parks, places of worship, land for traditional tribal institutions and burial and cremation grounds.
(6) The appropriate Government shall require the authority conducting the Social Impact Assessment study to prepare a Social Impact Management Plan, listing the ameliorative measures required to be undertaken for addressing the impact for a specific component referred to in sub-section (5), and such measures shall not be less than what is provided under a scheme or programme, in operation in that area, of the Central Government or, as the case may be, the State Government, in operation in the affected area.

Section 5 – Public hearing for Social Impact Assessment

Whenever a Social Impact Assessment is required to be prepared under section 4, the appropriate Government shall ensure that a public hearing is held at the affected area, after giving adequate publicity about the date, time and venue for the public hearing, to ascertain the views of the affected families to be recorded and included in the Social Impact Assessment Report.

Section 6 – Publication of Social Impact Assessment study

(1) The appropriate Government shall ensure that the Social Impact Assessment study report and the Social Impact Management Plan referred to in sub-section (6) of section 4 are prepared and made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate Government.
(2) Wherever Environment Impact Assessment is carried out, a copy of the Social Impact Assessment report shall be made available to the Impact Assessment Agency authorised by the Central Government to carry out environmental impact assessment:
Provided that, in respect of irrigation projects where the process of Environment Impact Assessment is required under the provisions of any other law for the time being in force, the provisions of this Act relating to Social Impact Assessment shall not apply.

Section 7 – Appraisal of Social Impact Assessment report by an Expert Group

(1) The appropriate Government shall ensure that the Social Impact Assessment report is evaluated by an independent multi-disciplinary Expert Group, as may be constituted by it.
(2) The Expert Group constituted under sub-section (1) shall include the following, namely:–
(a) two non-official social scientists:
(b) two representatives of Panchayat. Gram Sabha, Municipality or Municipal Corporation, as the case may be;
(c) two experts on rehabilitation; and
(d) a technical expert in the subject relating to the project.
(3) The appropriate Government may nominate a person from amongst the members of the Expert Group as the Chairperson of the Group.
(4) If the Expert Group constituted under sub-section (1), is of the opinion that,–
(a) the project does not serve any public purpose; or
(b) the social costs and adverse social impacts of the project outweigh the potential benefits.
it shall make a recommendation within two months from the date of its constitution to the effect that the project shall be abandoned forthwith and no further steps to acquire the land will be initiated in respect of the same:
Provided that the grounds for such recommendation shall be recorded in writing by the Expert Group giving the details and reasons for such decision:
Provided further that where the appropriate Government, inspite of such recommendations, proceeds with the acquisition, then, it shall ensure that its reasons for doing so are recorded in writing.
(5) If the Expert Group constituted under sub-section (1), is of the opinion that,–
(a) the project will serve any public purpose; and
(b) the potential benefits outweigh the social costs and adverse social impacts,
it shall make specific recommendations within two months from the date of its constitution whether the extent of land proposed to be acquired is the absolute bare-minimum extent needed for the project and whether there are no other less displacing options available:
Provided that the grounds for such recommendation shall be recorded in writing by the Expert Group giving the details and reasons for such decision.
(6) The recommendations of the Expert Group referred to in sub-sections (4) and (5) shall be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed and uploaded on the website of the appropriate Government.

Section 8 – Examination of proposals for land acquisition and Social Impact Assessment report by appropriate Government

(1) The appropriate Government shall ensure that–
(a) there is a legitimate and bona fide public purpose for the proposed acquisition which necessitates the acquisition of the land identified;
(b) the potential benefits and the public purpose referred to in clause (a) shall outweigh the social costs and adverse social impact as determined by the Social Impact Assessment that has been carried out;
(c) only the minimum area of land required for the project is proposed to be acquired;
(d) there is no unutilised land which has been previously acquired in the area;
(e) the land, if any, acquired earlier and remained unutilised, is used for such public purpose and make recommendations in respect thereof.
(2) The appropriate Government shall examine the report of the Collector, if any, and the report of the Expert Group on the Social Impact Assessment study and after considering all the reports, recommend such area for acquisition which would ensure minimum displacement of people, minimum disturbance to the infrastructure, ecology and minimum adverse impact on the individuals affected.
(3) The decision of the appropriate Government shall be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate Government:
Provided that where land is sought to be acquired for the purposes as specified in sub-section (2) of section 2, the appropriate Government shall also ascertain as to whether the prior consent of the affected families as required under the proviso to sub-section (2) of section 2, has been obtained in the manner as may be prescribed.

Section 9 – Exemption from Social Impact Assessment

Where land is proposed to be acquired invoking the urgency provisions under section 40, the appropriate Government may exempt undertaking of the Social Impact Assessment study.

Section 10 – Special provision to safeguard food security

(1) Save as otherwise provided in sub-section (2), no irrigated multi-cropped land shall be acquired under this Act.
(2) Such land may be acquired subject to the condition that it is being done under exceptional circumstances, as a demonstrable last resort, where the acquisition of the land referred to in sub-section (1) shall, in aggregate for all projects in a district or State, in no case exceed such limits as may be notified by the appropriate Government considering the relevant State specific factors and circumstances.
(3) Whenever multi-crop irrigated land is acquired under sub-section (2), an equivalent area of culturable wasteland 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.
(4) In a case not falling under sub-sect ion (1), the acquisition of the agricultural land in aggregate for all projects in a district or State, shall in no case exceed such limits of the total net sown area of that district or State, as may be notified by the appropriate Government:
Provided that the provisions of this section shall not apply in the case of projects that are linear in nature such as those relating to railways, highways, major district roads, irrigation canals, power lines and the like.

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