{Frd R'. A. qd.{qr)04/ooo7/2ooF-14 REGTSTEREp NO. pL-(N)01/0007/2003_14 qmqrol EXTRAORDINARY qm lt-trrqg I PAtrtT II - Section I vnffiRir{rfft PTJBLISHED BY AUTHORITY {. 501 r{ fqa ril, grTfi, Rs<r st, 2ol4lr1s lo, re36 (ltrn) No.501 NEW DELIil, WEDNESDAY, DECEMBER 3lr 2OI4IPAUSA 10,1936(SAKA) Tq qn q Frq 1e {qr d qfr tffi fo qr wq {ee< t w { rer qr vS r Sepsrste prgirg is givcn to this Prrl in ordlr thrt lt mry bc filed r! ! s€p$rtc compihtion.
MINISTRY OF LAW AND JUSTICE (Legislative Depsrtment) New Delhi, the3lst December,20l4lPausa 10, 1936 (Sa*z) THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITANON AND RESETTLEMENT (AMENDMENT) ORDINANCE, 20 1 4 No. 9 or 2014 Promulgated by the President in the Sixty-fifth Year ofthe Republic oflndia An Ordinance to amend the RiCht to Fair Compensation and Transparency in l:nd Acquisition, Rehabilitation and Resettlement Act" 2013.
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist vfiich render it necessary for him to take immediate action;
NOW, TI{EREFORE, in exercisc of the powe6 coxfern:d by clause (l) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:-
1. (l) This Ordinance may be celied the Right to Fair Compenmtion and shon rtlc and T.ransparency in tand Ac4uisitioq Rchabilitation and Resettlement comm€nc€ment' ' (Amendment) Ordinance, 2014.
(2) It shall come into force at once.
2 TIIE CAZETTEOFINDLAEXTRAORDINARY tPexrII- substitutioo or ?. h,tlt" Right to Fair Compersation and Tra^rsparency in Land Acquisition, :oorzor:.
cenain expression Rehabilitation aud Resettlement Act, 2013 (hereinafter referred to as the thrortshcur dre principal Act), for the words "private company" wherever they occur, the words 'lrivar.e entity" shall be substituted.
$:l,T"o1:"t " 3.In the principal Ac! in sectioD 2, -
(i) in sub-section (l),in clause (b), in sub-clause (i), the words..private hospitals; private educational insitutions and" shall be omitted;
(i) in sub-section (2), after the second proviso, the following proviso shall be inserted, namely: - "Provided also that the acquisition of lan4 for the projects listed in section l0A and the purposes specified therein, shall !s exsppt€d from the provisions of the first proviso to Ois sub-section',.
Amendmcnt of 4.In the principal Act, in section 3,- sccton 3.
(i) in clause (i), in sub-clause (i), for the words and figures .,the - - Companies Act, 1956", tho words and figures "Oe Companies e.C f:Jfifi.2013" sball be substituted:
(ii) after clause (y), the follOwing clause shrtl be inserted. namely:- '@y)iprivate entit/' means aay entity other rhan a GoveNoment entity or undertaking and includes a proprietorship, partrership, company, 1ie11-profit organimtion or other entity under any law for the time being in force.,.
ffiff,1* :..h t!" pdncipat Ac! after Chaprer III, the following Cbapter shalt be-.--- --- inserted namely:- ..CI{APTERIIIA pRovlsroNs oF CIIAPTERII AND CHAPTERIU ryOT TO ApPI,y TO CERTAIN PROJECTS ffi" 10.1. T.h. appropriare Government may, in rhe public interesl by ril*il.r,r ro noflication' exempt any of the tbllowing projecrs ftom the application of the cxclnpt cctain provisions of Chapter tr and Chapter Itr oflhis Ac! namely: -plljects
(a) such projecs vital to national security or defence of India and crrery part thereot, including preparation for dcfence; or defence production;
O) rural infiastucture including electnfication;
SEc. ll TFIE GAZETTE OF INDIA EXTMORDINARY
(c) afordable housing and housing for the poor people;
(d) indushial corridors ; and
(e) infrastructure and social infrasiructure projects including projects under public private partnership where the ownership of land continues to vest with the Govemment,".
6. In the principal Act, in section 24, in suFsection (2), after the proviso, the Amcndment of following proviso shall be inserted, namely: - '?rovided firther tiat in computing the period retbned to in this sub' section, any period or periods during which the proceedings for acquisition of the land were held up on account of any stray or injunction iszued by any court or the period specified in the award ofa Tribunal for taking possession or such period where possession has been taken but the compensation lying deposited in a court or in any account maintained for this purpose shall be excluded-".
7. In the principal Act in section 46, in sub-section (6), in tb€ Explanation, Am.ndtnat of in clause (b), tlie words *any person other than" shall be omitted. scaion46'
8. In the pdncipal Act for section 87, the following section shall be substibtion of substituted-namely: - - scction 87' *87. Where an offenc€ under this Act bas been committed by any person ofrarccs bv who is or was employed in the Central Government or the- Sta+- GoYccnmqtt GovemnenJ. as the case may be, at the time of commission of *"h albgJ oftoe offence, no court shall take of such ofence except with the . previous sanction ofthe appropriate Governmen! in the manner provided in 2orr974. section 197 ofthe Code of Criminal Procedur€.".
9. In the principal Ac! in section l0l, for the words, "c period of five years' Ancodmeor of the wonG, "u p"riod rioiA"a for setiing up of any proj-ect or for five years, s€€{otr l0l' whichever is later, " shall be substituted.
lQ. In tbe principal Acl in section 105,- Amcodm€nt of
(i) for sub-section (3), the following sub-section shall be substihrted scclion 105' namely: - "(3) The provisions of this Act relating to the determination of oompensaiion in accordalce with the First Schedule, nehabilitation and resettlement in accordance with the Second Schedule and infrasbucture 'amenities -in accordaoce with the Third Schcdulc shall apply .to t-he enactuents relating to land acquisition specified in the Fourth Schedule with efect from l$ January, 2015.";
4 THEGAZ.TIEOFINDIADCIRAORDINARY [PerrII-Se.l]
(ii) sub:'section (4) shall be omited.
Ancndm€nt of ll. In the orincipal Act, in section I13, in suLsection (l), -sdion | 13.
(i) for the words "the provisions of this Part", the words "the provisions of this Act" shall be substituted;
(ii) in tbe proviso, for the words *a pedod of two years", the words *a pedod offive years" shall be substitrtcd" .
PRANABMUKIIERIEE, rfegutcnt.
DR SANJAYSINGH, &cy. to.tle Govemnent of India PRI}IIED BY T'{E GENEML MANACE& COVENNMENT OF NDh PN.E'S, MINTO NOrO, XEV OE|.TI AI{D PT,EUSIIED BY 1IIE @NT&O|I,ER. OF PI'BUCATIO'& DELIIF-2OI{, G G|PTRI{D{0{3d(CRCF31-1 2-2014.