Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
The RFCTLARR Act, 2013 (Act 30 of 2013) is India's principal Central legislation governing compulsory land acquisition, compensation, rehabilitation and resettlement. It provides a structured process involving public purpose, Social Impact Assessment where applicable, notification, objections, valuation, compensation, rehabilitation and resettlement, possession, references and appeals.
Current legal status: The Act was enacted on 26 September 2013 and became operational on 1 January 2014. The earlier Land Acquisition Act, 1894 was repealed subject to the savings and transitional provisions in the 2013 Act. The former statutory wording excluding the erstwhile State of Jammu and Kashmir should not be presented as a current coverage limitation; following the Jammu and Kashmir Reorganisation Act, 2019, Central laws apply to the Union Territory of Jammu and Kashmir from 31 October 2019. State amendments and State rules may modify the application of particular provisions within a State, so the applicable State law should also be checked.
What the RFCTLARR Act covers
The Act links acquisition of land with procedural transparency and rehabilitation obligations. Its central scheme includes Social Impact Assessment and public consultation, safeguards for food security and Scheduled Castes/Scheduled Tribes, preliminary notification and objections, determination of market value and compensation, solatium, rehabilitation and resettlement awards, establishment of Land Acquisition, Rehabilitation and Resettlement Authorities, payment and interest, temporary occupation, offences, and special provisions dealing with older acquisition proceedings.
The Department of Land Resources states that compensation and rehabilitation and resettlement benefits under the Act have also been extended to acquisitions under the 13 enactments specified in the Fourth Schedule. Central rules include the RFCTLARR (Social Impact Assessment and Consent) Rules, 2014 and the RFCTLARR (Compensation, Rehabilitation and Resettlement and Development Plan) Rules, 2015.
Section 1 - Short title, extent and commencement
This legislation is called the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It was brought into force from 1 January 2014. For present-day application, read the extent provision together with the constitutional and statutory changes affecting Jammu and Kashmir from 2019 onward and any applicable State amendments.
Jump to a chapter
- Chapter I - Preliminary
- Chapter II - Social Impact & Public Purpose
- Chapter III - Food Security
- Chapter IV - Notification & Acquisition
- Chapter V - R&R Award
- Chapter VI - R&R Procedure
- Chapter VII - Monitoring Committee
- Chapter VIII - LARR Authority
- Chapter IX - Apportionment
- Chapter X - Payment
- Chapter XI - Temporary Occupation
- Chapter XII - Offences & Penalties
- Chapter XIII - Miscellaneous
Chapter I - Preliminary
Chapter II - Determination of Social Impact and Public Purpose
- Section 4 Preparation of Social Impact Assessment Study
- Section 5 Public hearing of Social Impact Assessment
- Section 6 Publication of Social Impact Assessment Study
- Section 7 Appraisal of Social Impact Assessment Report by an Expert Group
- Section 8 Examination of proposals for land acquisition and Social impact Assessment report by appropriate Government
- Section 9 Exemption from Social Impact Assessment
Chapter III - Special Provision to Safeguard Food Security
Chapter IV - Notification and Acquisition
- Section 11 Publication of preliminary notification and power of officers thereupon
- Section 12 Preliminary survey of land and power of officers to carry out survey
- Section 13 Payment of Damage
- Section 14 Lapse of Social Impact Assessment report
- Section 15 Hearing of Objections
- Section 16 Preparation of rehabilitation and resettlement scheme by the administrator
- Section 17 Review of rehabilitation and resettlement scheme
- Section 18 Approved rehabilitation and resettlement scheme to be made public
- Section 19 Publication of declaration and summary of Rehabilitation and Resettlement
- Section 20 Land to be marked out measured and planned including marking of specific areas
- Section 21 Notice to persons interested
- Section 22 Power to require and enforce making of statements as to names and interests
- Section 23 Enquiry and Land Acquisition award by Collector
- Section 24 Land acquisition process under act no 1 of 1894 shall be deemed to have lapsed in certain cases
- Section 25 Period within which an award shall be made
- Section 26 Determination of Market Value of land by collector
- Section 27 Determination of amount of compensation
- Section 28 Parameters to be considered by Collector for determination of award
- Section 29 Determination of value of things attached to land or building
- Section 30 Award of solatium
Chapter V - Rehabilitation and Resettlement Award
- Section 31 Rehabilitation and Resettlement Award for affected families by Collector
- Section 32 Provision of infrastructural amenities in resettlement area
- Section 33 Corrections to awards by collector
- Section 34 Adjournment of Enquiry
- Section 35 Power to summon and enforce attendance of witness and production of documents
- Section 36 Power to call for records
- Section 37 Awards of Collector when to be final
- Section 38 Power to take possession of land to be acquired
- Section 39 Additional compensation in case of multiple displacements
- Section 40 Special powers in case of urgency to acquire land in certain cases
- Section 41 Special Provision for Scheduled Castes and Scheduled Tribes
- Section 42 Reservation and other benefits
Chapter VI - Procedure and Manner of Rehabilitation and Resettlement
- Section 43 Appointment of administrator
- Section 44 Commissioner for rehabilitation and resettlement
- Section 45 Rehabilitation and resettlement committee at project level
- Section 46 Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons
- Section 47 Quantification and deposit of rehabilitation and resettlement amount
Chapter VII - National Monitoring Committee for Rehabilitation and Resettlement
Chapter VIII - Land Acquisition, Rehabilitation and Resettlement Authority
- Section 51 Establishment of land acquisition rehabilitation and resettlement authority
- Section 52 Composition of Authority
- Section 53 Qualification for appointment as presiding officer
- Section 54 Terms of office of presiding officer
- Section 55 Staff of authority
- Section 56 Salary and allowances and other terms and conditions of service of Presiding Officers
- Section 57 Filling up of vacancies
- Section 58 Resignation and removal
- Section 59 Orders constituting authority to be final and not to invalidate its proceedings
- Section 60 Power of authority and procedure before it
- Section 61 Proceedings before authority to be judicial proceedings
- Section 62 Members and officers of authority to be public servants
- Section 63 Jurisdiction of civil courts barred
- Section 64 Reference to Authority
- Section 65 collectors statement to authority
- Section 66 Service of notice by authority
- Section 67 Restriction on scope of proceedings
- Section 68 Proceedings to be in public
- Section 69 Determination of award by authority
- Section 70 Form of award
- Section 71 Costs
- Section 72 Collector may be directed to pay interest on excess compensation
- Section 73 Re-determination of amount of compensation on the basis of the award of the authority
- Section 74 Appeal to High Court
Chapter IX - Apportionment of Compensation
Chapter X - Payment
Chapter XI - Temporary Occupation of Land
Chapter XII - Offences and Penalties
- Section 84 Punishment for false information, mala fide action, etc.
- Section 85 Penalty for contravention of provisions of act
- Section 86 Offences by Companies
- Section 87 Offences by Government Departments
- Section 88 Cognizance of offences by court
- Section 89 Offences to be non cognizable
- Section 90 Offences to be cognizable only on complaint filed by certain persons
Chapter XIII - Miscellaneous
- Section 91 Magistrate to enforce surrender
- Section 92 Service of Notice
- Section 93 Completion of acquisition not compulsory but compensation to be awarded when not completed
- Section 94 Acquisition of part of house or building
- Section 95 Acquisition of land at cost of a local authority or requiring body
- Section 96 Exemption from income tax, stamp duty and fees
- Section 97 Acceptance of certified copy as evidence
- Section 98 Notice in case of suits for anything done in pursuance of act
- Section 99 No change of purpose to be allowed
- Section 100 No change of ownership without permission to be allowed
- Section 101 return of unutilized land
- Section 102 Difference in price of land when transferred for higher consideration to be shared
- Section 103 Provisions to be an addition to existing laws
- Section 104 Option of appropriate Government to lease
- Section 105 Provisions of this Act not to apply in certain cases or to apply with certain modifications
- Section 106 Power to amend Schedule
- Section 107 Power of state legislature to enact any law more beneficial to affected families
- Section 108 Option to affected families to avail better compensation and rehabilitation and resettlement
- Section 109 Power of appropriate Government to make rules
- Section 110 Rules made by central Government to be laid before Parliament
- Section 111 Rules made by State Government to be laid before Legislature
- Section 112 Previous publication of rules made by Central and State Government
- Section 113, Power to remove difficulties
- Section 114 Repeal and Saving
Schedules
- First Schedule - The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013
- Second Schedule - The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013
- Third Schedule - The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013
- Fourth Schedule - The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013
Important: This page is a section-wise legal information index. Compensation calculations, consent requirements, exemptions, acquisition procedure and rehabilitation benefits can depend on the nature of the project, the appropriate Government, State amendments/rules, notifications and the facts of the acquisition.