PRS LEGISLATIVE sEARCH Y10- T n

PRS

Ordinance Summary
The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement (Amendment) Ordinance, 2015
T h e Right to Fair Compensation and Transparency in ion-protit organisatton, or another entity under any

Land Acquisition, Rehabilitation and Resettlenent other la

(Amendment) Ordimance, 2015 was promulgated on Return of unutilised land The Act required that if
s, 20IS. The Ordinance amends the Kight to
April land
tair Compermsatton and Transparency in Land acquircd under t remained unutilisCU1ort e land
Acquisition, Rehabilitation and Resettlement Act. eas, tt he neriod after
2015. The Act the acquisition
regulates tor
of land ilised land will
will need to be
necd to be returned
returned will
will be
be
puhie purposes, in the country. h or (ii) any period specitied
he Ordinance will be deemed to have been in force
thet thelater o
tume ot setting up the project.

rom December 51, 2014.

Ordinance are
The major leatures of the T i m e period for retrospective application of Act
he 2015 Act states that the Lana ACquisiton ACt,
1894 will continue to appiy in those cases wnere an
Exemption of five types of projects from certain
the 18% However,
provisions: The Ordinance exempts the tolowing award has Decn made
under ACt.
if the award tive or nore
five types of projects tfrom certain provisions of the was
made years
o1 the 2013 ACt, and the possession
betore ne
or land
Act: (1) defence: (i) nural infrastructure: (i)) nactment
nas not deen takcn or cormpensation has not becn
affordable housing: (iv) industrial corridors (set up by
the government), and (v) intrastructure projects. paid, the 2013 Act will apply.

T h e provisions of the Act which will not apply to The Ordinance states that in calculating this time
these Tive ypes o p r o j e s are: 0 0oaning tne
period, the following will not be included: (i) any

consent of 8U% ot land owners when land is acquired

period during which process of
the
held up due to an order of a court; (i) a
acquisition was

tor a
owners
and
prvate project the consenttne 70% land ot of
period
pecified by a Tribunal for taking poSsession, and (11)
when land is acquired tor public-private was but the
partnersthip project. (u) conducting a Socal mpuct iny period where possession taken
ASSessIment;, and (11) limits on acquiring agrieuitural compensation iying deposited in
was a

and multi-cropped land court/designiated account.

govemment is
required to iSsue a notification offences by the government: The Act stated that if
ne
betore an offence was committed by the govemment, the
exemp
sment, uirine agricultural and head of the department would be deemed guilty
multi-cropped
andland. ne this notification, unless he could show that the offence was committed
g nc u
D t e amount
s u r c tnar n e amount or lana of land without his knowledge, or that he had exercised due
wtn tne diligence to prevent the offence. The Ordinance
P s Keeping
minmum n d reuired. removes this provision. It requires that the prior
mroction D a n c u berore
Compensation and R&R provisions of 13 other
prosccuting a publie servant.
Iaws: The Act exempted I5 other Iaws (such as the
National Highways Act, 1956 and the Railways Act, O t h e r changes: The Ordinance mandates that
989) from its purview. The Ordinance brings the be provided to at least one member of a
and rescttlement
employment
amily of tarm labourerS as a part ot the K&cR
compensation and rehabilitation
(R&R) provisions of these 13 laws in consonance entitlements provided under the Act. It also requires
wItn the Act. hat the government conduct a survey of wasteland,
and maintain a record of this land.
Definitions: The Act was applicable ior the
acquisition of land for private companies. The
The Act establishes
and
a Land Acquisition..
Ordinance changes
entities.
this to acquisition tor "private
A privale entity is delined as an entity other
Rehabihtation Kesettlement (LARR) Authonty to
dispose disputes related to awards made under the
than a government entity. and could include a Act. The Ordinance mandates that the hearing of the
proprietorship. partnership, company, corporation, LARR Authority be held in the district where land is
proposed to be acquircd.

Joyita Ghose
April 7, 2015
joyita@prsindia.org
licy
3 Floor, Gandharva Mahavidyalaya. 212, Deen Dayal Upadhyaya Marg New Delhi 110002
Tel: (011) 43434035-36 www.prsindia.org
 PRS LEGISLATIVE RESEARCH
U
PRS

Ordinance Summary
The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlenment (Amendment) Ordinance, 2015
The Right to Fair C'ompensation and Transpareney in
non-profit organisation, or another entity under any
Land Acquisition, Rehabilitation and Resettlement other la
Amene
rnanCe, 2015 was promulgated on
0. Return of unutilised land. The Act required that it
P he Ordinance amends the Right to
Fair C ompensation and Transparency im Land land acquired under it remained unutilised for five
Acquisition, Rehabilitation and Resettlement Act, be returncd to the original
ycars, ithe that
or the land
owners

2013. The Act regulates the acquisition of land for

bank. Ordinance states the period after
pubiie
purpOSes, In the
country. which unutilised land will necd to be returned will be
the latcr ot: 9 ive ycars, or (i) any period specificd
The Ordinance will be deemed to have been in
from December 31, 2014. The major fcatures of the
force at the time of setting up the project

Ordinance arc. Time period for retrospective application of Act:

The 2013 Act states that the Land Acquisition Act,
Exemption of five types of projects from certain T894 will continue to apply im those cases where an
provisions: The Ordinance exempts the following award has been made under the 1894 Act. However,
fhve types of projects from certain provisions of the
Act: (i) defence: (11) ural infrastructure; (11) if the award was made five years
2013 Act, and
before the
or more

enactment of the the possession of land

attordable housing: (1v) industrial corridors (set up by has not been taken or compensation has not been
the government), and () intrastructure proyects. paid, the 2013 Act will apply
T h e provisions of the Act which will not apply to The Ordinance states that in calculating this time
these five types of projects are: (1) obtaining the period, the following will not be included: () any
consent of S0% of land owners when land is
acquired
tor aprivate project and the consent of 70% ot land perio
netd
duringto which the process
a
of
acquisition was

owners when land is acquired tor the public-private

up due an order or court: (1) period
a
speciien bV a Inbunal tor taking pOSsesston, and (in)
partnership project, (t) conducting a social impact any period where possession was taken but the
ASessment, and (1) limits on acquinng agricultural
and multi-cropped land.
compensation was iying deposited
court/designated account.
in a

he govemment is required to issue a notification

"Ofences by the government: The Act stated that if
betore exempting a proyect from the Social Impact an offence was committed by the govemment, the

ASSessment, and l1mits on acquiring agricultural and

mult-cropped land. Betore issuing this notification,
hcad ot the department would be deemed guilty
uniess he could show that the oftence was committed
the government must ensure that the amount of land without his knowledge, or that he had exercised due
proposed to be acquired is in keeping with the diligence to prevent the offence. The Ordinance
minimum and required. this provision. It
removes
requires that the prior
sanction of the government be obtained before
Compensation and R&R provisions of 13 other
prosccuting a public serVant.
laws: The Act exempted 13 other laws (such as the
National Highways Act, 1956 and the Railways Act, O t h e r changes: The Ordinance mandates that
T989) from its purview. The Ordinance brings the Cmployment be provided to at least one member of a
compensationand rehabilitation and resettlement
provIsions of these 13 laws in
family of tarm labourers as a part ot the RER
(R&R)
with the Act.
consonance entitlements provided under the Act. It also requires
tnat the goveriment conduct a survey of wasteland,
Delinitions: The Act was applicable for the and maintain a record of this land.
acquisition ot land tor private companies. ne T h e Act establishes a Land
Ordinance changes this to acquistion tor prnvate
Acquisition,
Rehabilitation and Resettlement (LARR) Authority to
A private
entities. entity is delined as an entity other
than a government entity, and could include a
dispose disputes
related to awards made under
the
ACt. 1he Ordinance mandates that the hearing
proprietorship, partiership, company, corporation, .ARR Authority be held in the district where land is
of the
proposed to be acquired.

Joyita Ghose
Joyitagprsindia.org April 7, 2015
PRS Legislative Research Institute
tor Policy Research studies
3 Fioor, G8ndharva Mahavidyalaya 212., Deen Dayal Upadhyaya Marg New Delhi- 110002
Tel: (oi1) 4343403S-j6 www.prsindia.org