No Provision. Jurisdiction of civil courts barred, Section 65 The Central Government has enacted a new law namely Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (‘RFCTLARR Act’) on 26th September, 2013 which came into force on 1 st January, 2014. Also 2013 bill speaks about Retrospective operation, multiple checks and balances, special safeguards for tribal communities and other disadvantaged groups, compensation for livelihood losers, caps on acquisition of multi-crop and agricultural land, return of unutilized land, exemption from income tax and stamp duty, time-bound social impact assessment,Share in developed land, damage to crops to be included in price… The commission may make rules governing its procedure. Payment of costs, etc., of acquisition, etc. further period of one year, if he is satisfied that there Rules 70. In certifying due compensation in respect of an acquisition of land, the commission may include in due compensation an amount for the costs incurred by the owner in appearing before, submitting evidence to and presenting argument to the commission including expenses incurred by the owner for the purpose of preparing and presenting his case before the commission. Section 64 Reference has to made by the interested Person who has not accepted the award. (b) where the authority has not commenced proceedings to expropriate the land, means the amount that, in the opinion of the commission, would be fair compensation to the owner for the sale of the land. his objection be to the measurement of the land, the amount Where land is acquired under this Act for more than one authority, the minister shall apportion the acquisition costs among the authorities for whom the land is acquired; and the decision of the minister with respect thereto is final and binding on the authorities. Full text containing the act, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, with all the sections, … 66. Where there are, on Crown lands, buildings, improvements or fixtures that are not the property of the Crown, they shall be conclusively deemed to be land for the purposes of this Act and the provisions of this Act apply to them as though they were land and any Act of the Legislature that authorizes the acquisition of land by or on behalf of the government authorizes the acquisition of such buildings, improvements or fixtures. one or more Authorities to be known as "the Land Acquisition, Rehabilitation and Resettlement Authority" to exercise jurisdiction, powers and authority conferred on it by or under this Act. judicial proceedings, Section 62 Members and officers of authority to be Interpretation P ART II ACQUISITION 3. Service of notice by authority, Section 67 3B. (e) perform such other duties and functions as may be imposed upon, or given to, him under this Act or any other Act of the Legislature or by the Lieutenant Governor in Council. thirty days from the date of receipt of application, make a and 80% of that part of the estimated purchase price that exceeds $2,500. 65. Subject to subsection 8(4), where land is acquired under this Act for an authority, possession, control, and management thereof shall be given to the authority on the order of the director. or less, an amount not exceeding the estimated purchase price; (b) if the agreement provides for the purchase price to be ascertained on the basis of a price per unit of area, and the area has not been finally ascertained, and if the estimated purchase price is more than $2,500., an amount not exceeding the total of $2,500. In exercising any power or authority delegated to him under subsection (1), the person to whom it is delegated is bound by, and shall observe and conform to, any limitations, restrictions, conditions, and requirements, so imposed by the minister or to which the minister, or the director, as the case may be, is subject in himself exercising the power or authority granted to, or vested in him. 1947 • Independent India choose to continue this Act even after independence 2013 • UPA Government replaced this Act with The Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act . HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: "acquisition costs" means the consideration or compensation paid for acquisition of land, or on the expropriation of land, or the value thereof other than the value of any service or benefit that accrues to, passes to, or is provided to the persons from whom the land is acquired at the expense of the authority for which the land is required, or as a result of the use or development of the land by the authority, and includes the cost of any surveys or appraisals made in respect of the acquisition for or in respect of which a fee is paid, and the legal costs of the authority in respect of the acquisition or the expropriation; (« frais d'acquisition »). The Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952). Where land is acquired under this Act for an authority, the acquisition costs shall be charged to, and, on the order of the minister, paid by, the authority for which it is acquired. Subject to subsection (7), for the purpose of carrying out its duties and functions, the commission has the like protection and powers, and is subject to like requirements, as are conferred on, or required of, commissioners appointed under Part V of The Manitoba Evidence Act. The authority will entertain and decide the references made to it under Section 64 of the Central Act No.30 of 2013. (b) where land is being acquired by a utility, upon the application of the utility; the commission shall determine and certify an amount which, in its opinion, represents due compensation in respect of the acquisition. 77 Payment of compensation or deposit of same in authority, Section public servants, Section 63 ; or. Compensation under the 2013 Land Acquisition Act S.M. 93 and 86 of Manitoba Evidence Act. six months from the date of the Collector's award, whichever rights of Rehabilitation and Resettlement under Chapters V (a) conduct all negotiations relating to the purchase or acquisition of land required by an authority; (b) conduct all proceedings relating to the expropriation of land required by an authority; (c) direct the payment of all money consideration or compensation for land acquired or expropriated through the branch and be responsible for assuring that any consideration or compensation that is not money is passed to the person from whom the land is acquired or expropriated; (d) upon request of an authority, provide land appraisal services and facilities to the authority; and. Section 24 of the Act deals with situations where the land acquisition process initiated under the previous Act is deemed to have been lapsed. (d) to vary any previous decision made under that subsection; he shall, in his absolute discretion, place a value on any land, the joint use of any land, or any interest in land, or any priority of use, affected by the decision, and shall order that the amounts determined by him shall be paid by the authority gaining the use of the land or the interest in the land or the possession, control, or management thereof, to any authority that has given up any use or the possession, control, or administration, thereof. 73 Re-determination of amount of compensation on the basis Limitation to be observed in exercising delegated powers. Govt can take the land on lease instead of acquiring it. The certification of compensation does not obligate the owner to accept the amount so certified as compensation in respect of the acquisition nor does it bind a judge arbitrating a claim for compensation on the expropriation of the land under The Expropriation Act. 9. within six weeks from the date of the Collector's award; (b) in other cases, within six weeks of the receipt of 11. 1996, c. 79, s. 33; S.M. No civil court (other than High Court under article 226 Urgency clause. application after the expiry of the said period, within a Each member of the commission shall hold office for such term as may be fixed by the Lieutenant Governor in Council, and thereafter until his successor is appointed. Where an authority requires land or an interest in land, the possession, ownership, control, or management of which, or of part of which, is in another authority, or where two or more authorities require the same land, or the same interest in land, the minister shall decide, (a) whether the land can be used jointly by the authorities concerned; or, (b) whether one authority should have priority in respect of the use of the land over other authorities concerned; or. Authority are defined All costs incurred in the administration of The Land Acquisition Branch, other than acquisition costs, shall be paid from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied. Buildings and improvements on Crown lands. may, by written application to the Collector, require that Exemption from stamp duty and fee 68. Under certain circumstances, the compensation is payable not under the provisions of the repealed Act, but under the 2013 Act. Acquisition of land without giving prior notice or token compensation. (« services publics »). History 1894 • Land Acquisition Act, 1894 created by the British. (b) where the authority is authorized to acquire the land in its own name, upon request of the authority, in the name of the authority. Section 64 of Land Acquisition Act 2013 "Reference Where the authority for which the land is acquired is the government, the member of the Executive Council charged with the administration of the program or project for which the land is required may give a certificate for the purposes of subsection (1). Shortcomings of Land Acquisition Act. Determination of award by authority, Section 72 Collector may be directed to pay interest 2. compensation, rehabilitation and resettlement, establish, by notification. except under section 46 and no person claiming under any such award or agreement shall be liable to … 2005, c. 28, s. 82. 33. Section 96 mandates that no income-tax shall be levied on any award made under the Act except under Section 46. National Calamities. Where the compensation in respect of any acquisition of land has been certified under subsection (1), the commission, upon application of the owner of the land or of the authority or utility acquiring the land, and upon being satisfied on fresh evidence that it should vary its certificate, may vary the certificate of compensation in respect of the acquisition of the land. shall have jurisdiction to entertain any dispute relating to Acquisition of land 3A. Where land is acquired through the branch, and the owner thereof has executed, in a form satisfactory to the director, an agreement to sell the land where the interest in land to the Crown, or an authority, and the agreement, or a caveat based thereon, as the case may be, has been registered or filed in the proper Land Titles Office, the director may direct the authority for whom the land, or the interest in land is acquired, to pay the owner. Where an authority requires any land for any purpose or is required to expropriate any land, it shall notify the minister in writing setting out such information as the minister may require. A Director of The Land Acquisition Branch and such other officers and employees as may be deemed necessary for the purposes of this Act may be appointed or employed as provided in The Civil Service Act. All costs incurred in carrying out the duties and functions of the commission, including the remuneration and expenses of the members of the commission, shall be paid from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied. A decision of a panel of the commission at which a quorum is present is a decision of the commission. Where there are buildings or improvements on land acquired through the branch and the authority, or the chief officer of the authority for which the land is acquired certifies that the buildings or improvements are not required by the authority, notwithstanding any other Act of the Legislature, the minister, through the branch, may sell, exchange, convey, or otherwise dispose of or turn to account, by tender, or public auction, the buildings or improvements. 2015 • Modi Government wants to make some further amendments to the Bill. Return of land: If the project doesn't start in 5 years, the land acquired under the Act has to be returned to the original owner or the land bank. Short Title: The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 79 Investment of money deposited in other cases, Section Section 93 of The Manitoba Evidence Act does not apply to the commission, and no notice of appointment, of the purpose and scope of an inquiry that is to be made by the commission, or of the time and place of holding the first meeting of the commission, need be published as required under section 86 of that Act. The commission shall prepare and submit to the minister an annual report on applications and matters dealt with by the commission; and, upon receiving the report, the minister shall, if the Legislature is then in session, lay it before the Legislature forthwith, and, if the Legislature is not then in session, lay it before the Legislature within 15 days after the commencement of the next session. Authority to sell buildings and improvements. reference to the appropriate Authority: Provided further that where the Collector fails to make Only in emergency situations National Defence National Security. the matter be referred by the Collector for the injunction shall be granted by any court in respect of any Where the compensation in respect of any acquisition of land is certified under subsection (1), except where compensation in respect thereto is awarded under The Expropriation Act, the minister, the authority concerned, or the utility concerned, shall not pay as compensation in respect of the acquisition an amount other than the amount so certified. Full text containing the act, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, with all the sections, … The Act also has provision for the establishment of Land Acquisition, Rehabilitation and Resettlement Authority for speedy disposal of disputes. Section 64 of Land Acquisition Act 2013 "Reference to Authority". The minister, through the branch, may exercise any power or right under The Expropriation Act to obtain possession or use of any land acquired for an authority under this Act. and VI or the apportionment of the compensation among the on excess compensation, Section Where the Lieutenant Governor in Council has authorized the minister to acquire land under subsection (1), the minister may acquire the land through the branch by purchase, lease, expropriation or otherwise. (2) The application shall state the grounds on which Where the minister receives a notice or request under section 7, he shall acquire the land required by the authority by purchase, lease, or agreement. The Act has provisions to provide fair compensation to those whose land is taken away, brings transparency to the process of acquisition of land to set up factories or buildings, inf… of civil courts barred". the land acquisition whether done by the central or state governments except the state of Jammu & Kashmir Where an authority requiring land for any purpose is authorized, under an Act of the Legislature, to acquire land for that purpose by expropriation, the minister may acquire the land for the authority for that purpose by expropriation and The Expropriation Act applies thereto, mutatis mutandis; and, for the purpose of that Act, the minister shall be conclusively deemed to be the minister charged with the construction and … or article 227 of the Constitution or the Supreme Court) 7th September, 2011 - … Enactment Date: 2013-09-26. before the Collector at the time when he made his award, collectors statement to authority, Section 66 (c) whether the possession, ownership, control, or management of the land should be given to one authority to the exclusion of other authorities concerned; and the decision of the minister in respect thereto is binding on the authorities; but the decision may be reviewed and varied by the minister at any time. Three members constitute a quorum for a sitting of the commission and two members constitute a quorum for a sitting of a panel of the commission. 75 Particulars of apportionment to be specified, Section THE LAND ACQUISITION ACT,1894 PART 1: Preliminary 1.Short title, extent and commencement- (1) This Act may be called the Land Acquisition Act, 1894. such matter. 5 OF 2015 Promulgated by the President in the Sixty-sixth Year of the Republic of India. The top court’s Friday judgment gave clarity on the status of pending cases of land acquisition when the 2013 law was introduced by Parliament, replacing the Land Acquisition Act of 1894. "The Land Acquisition Branch" which is under the control and direction of the minister is hereby continued in such department of the executive government as the Lieutenant Governor in Council directs. Where, by acquiring the whole of any parcel of land of which a part only is required by an authority, or by acquiring the estate in fee simple in land in which an interest only is required by an authority, or by acquiring a greater interest in land in which a lesser interest only is required by an authority, the land or the interest in the land can be acquired, in the opinion of the minister, at a more reasonable price or to the greater advantage of the Crown or the authority, or with less interference with the rights of, or less inconvenience to, the owner, than by acquiring the part only or the lesser interest in the land only, the minister, with the consent of the authority, may acquire the whole of the parcel or the greater interest in the land, and may for the purposes of the use of the land by the authority separate the part, or the interest in the land, not required from the part or the interest required. Act 2013. The Lieutenant Governor in Council may empower the minister to acquire, by purchase, lease, expropriation or otherwise, land specified by the Lieutenant Governor in Council for the purposes of any work or program constructed or carried on, or to be constructed or carried on, by the government, or for the purposes of the administration by the government of any Act of the Legislature; but nothing in this section reduces or infringes upon any power or right granted under any other Act of the Legislature to an authority to acquire land by any means. Apportionment of value of land already held, Where, under subsection 8(4), the minister decides, (a) that land, the possession, ownership, control, or management of which is in an authority, should be used jointly by the authorities concerned; or, (b) that an authority should have priority in the use of the land, the possession, ownership, control, or management of which is in another authority, over that other authority; or, (c) that possession, control, or management, of land, the possession, ownership, control, or management of which is in an authority, should be given to another authority, to the exclusion of the first mentioned authority; or. (a) If the person making it was present or represented Upon the application of the owner of land being acquired by the minister under this Act, or by a utility, or, (a) where land is being acquired under this Act, upon the application of the authority for whom it is being acquired or of the director; or. belonging to person incompetent to alienate, Section An Ordinance further to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. (3) It shall come into force on the first day of March 1894. Where an authority requiring land for any purpose is authorized, under an Act of the Legislature, to acquire land for that purpose by expropriation, the minister may acquire the land for the authority for that purpose by expropriation and The Expropriation Act applies thereto, mutatis mutandis; and, for the purpose of that Act, the minister shall be conclusively deemed to be the minister charged with the construction and maintenance of the work, or with carrying out the purpose, for which the land or the interest in land is required. (c) if the agreement provides for a fixed purchase price, an amount not exceeding the purchase price. persons interested: Provided that the Collector shall, within a period of LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (AMENDMENT) SECOND ORDINANCE, 2015 NO. Land to vest free from incumbrances 67. The minister, through the branch, is in charge of all matters relating to the acquisition of land or to the expropriation of land by any authority. 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