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. Section 96 of Land Acquisition Act 2013 "Exemption from income tax, stamp duty and fees" No income tax or stamp duty shall be levied on any award or agreement made - under this Act. objection to the award is taken: Provided that every such application shall be made-. 78 Investment of money deposited in respect of lands Where, under this Act or The Expropriation Act, power or authority is granted to, or vested in, the minister or the director, to enter into any agreement, to execute or approve any transfer, deed, conveyance, lease, caveat, agreement or other document, or any assignment, withdrawal, or discharge thereof, or to take any proceeding or action, or to do or perform any act or deed, the minister may, by written authorization approved by the Lieutenant Governor in Council, delegate that power or authority to any other person employed under the minister by the government, subject to such limitations, restrictions, conditions, and requirements as the minister may impose and as are set out in the written authorization. Where an authority requires any land, the land shall be acquired through the branch as provided in this Act; and, notwithstanding the provisions of any Act of the Legislature under which the authority is so authorized, the minister shall acquire the land through the branch. and 80% of that part of the estimated purchase price that exceeds $2,500. (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. (1) The appropriate Government shall, for the purpose of providing speedy disposal of disputes relating to land acquisition. land acquisition in respect of which the Collector or the further period of one year, if he is satisfied that there (a) 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 $2,500. Short Title: The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 2005, c. 28, s. 82. may apply to the Authority, as the case may be, requesting may, by written application to the Collector, require that Each member of the commission shall be paid such remuneration for his services as may be fixed by the Lieutenant Governor in Council, and, in addition, may be paid such travelling and out-of-pocket expenses necessarily incurred by him in discharging his duties as a member of the commission as may be approved by the Minister of Finance. 64. The existing provision of section 194LA of the Act, inter-alia, provides that any person paying compensation shall deduct tax at source at the rate of ten per cent. 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. (2) The application shall state the grounds on which Where land acquired under this Act for an authority the possession, control, and administration of which has not been given to the authority, is not required by the authority, or where land or an interest in land that is not required by an authority is acquired under subsection 8(3), possession, control, and management thereof may be given, on the order of the director, to the minister appointed by the Lieutenant Governor in Council to administer The Crown Lands Act, to be dealt with under that Act. Comparison b/w 1894 & 2013 Act ISSUE 1894 ACT 2013 ACT R&R No provision Compulsory. Minister, authority and utility bound by certification. 2. 1996, c. 79, s. 33; S.M. ; or. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 : Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (17.1 MB) ... RFCTLARR Act 2013 (sub-section 2 of Section 109) Rules 2015 : Download (422.47 KB) 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 … thirty days from the date of receipt of application, make a Authority is empowered by or under this Act, and no 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. before the Collector at the time when he made his award, Exemption from stamp duty and fee 68. Authority are defined 5 OF 2015 Promulgated by the President in the Sixty-sixth Year of the Republic of India. 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. Jurisdiction of civil courts barred, Section 65 History 1894 • Land Acquisition Act, 1894 created by the British. Authority to sell buildings and improvements. The Right to Fair Compensation and Transparency in the Land Acquisition, Rehabilitation and Resettlement Act, 2013 Act was a tectonic shift in restoring the equilibrium between the state and its citizens in the arena of involuntary acquisition of land. Act Year: 2013. such matter. persons interested: Provided that the Collector shall, within a period of Section 64 Reference has to made by the interested Person who has not accepted the award. Under certain circumstances, the compensation is payable not under the provisions of the repealed Act, but under the 2013 Act. compensation, rehabilitation and resettlement, establish, by notification. under section 63 and 64 of Land Acquisition The land Acquisition Act, 2013, was amended in 2015 which resulted in the following shortcomings: The Social Impact Assessment was a must for every acquisition in the Act but the mandatory requirement was removed for security, defence, rural infrastructure and industrial corridor projects in the amendment. 8. 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. 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. Service of notice by authority, Section 67 belonging to person incompetent to alienate, Section 33. Jurisdiction of civil courts barred and Reference to or article 227 of the Constitution or the Supreme Court) 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. Section 64 of Land Acquisition Act 2013 "Reference 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. No civil court (other than High Court under article 226 No Provision. Section 96 mandates that no income-tax shall be levied on any award made under the Act except under Section 46. (b) if the part, or the interest in the land, not required by the authority, or any part thereof, is subsequently used by another authority, the minister shall charge to that other authority the value, in his opinion, of the part, or the interest, so used, and that amount shall be paid by that other authority to the authority first-mentioned. The Supreme Court, therefore, decided to put on hold its February 8 judgment by directing the High Courts not to decide any case relating to interpretation of Section 24 of the Land Acquisition Act, 2013. period shall first expire: Provided further that the Collector may entertain an 79 Investment of money deposited in other cases, Section and VI or the apportionment of the compensation among the "The Land Value Appraisal Commission", consisting of not more than six members and not fewer than three members appointed by the Lieutenant Governor in Council, one of whom shall be designated by the Lieutenant Governor in Council as chairman of the commission and one as vice-chairman of the commission, is hereby continued. National Calamities. reference to the appropriate Authority: Provided further that where the Collector fails to make Note: Earlier consolidated versions are not available online. Buildings and improvements on Crown lands. Restriction on scope of proceedings, Section 69 77 Payment of compensation or deposit of same in authority, Section 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. the land acquisition whether done by the central or state governments except the state of Jammu & Kashmir six months from the date of the Collector's award, whichever judicial proceedings, Section 62 Members and officers of authority to be The Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952). (3) It shall come into force on the first day of March 1894. 75 Particulars of apportionment to be specified, Section 73 Re-determination of amount of compensation on the basis Only in emergency situations National Defence National Security. Govt can take the land on lease instead of acquiring it. Section 61 Proceedings before authority to be 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 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. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (60 of 1948). "agency of the government" means any board, commission, association or other body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors of which, (a) are appointed by an Act of the Legislature or by the Lieutenant Governor in Council, or. the notice from the Collector under section 21, or within Application of section 3A where there is no development approval 3C. 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. (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. Shortcomings of Land Acquisition Act. 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. to Authority". amendments made by these states have \"adversely affected the rights of livelihood of landowners and farmers Full text containing the act, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, with all the sections, … Penalty for obstruction, etc. Determination of award by authority, Section 72 Collector may be directed to pay interest (b) if not so appointed, are, in the discharge of their duties, public officers or servants of the Crown, or, for the proper discharge of their duties are, directly or indirectly, responsible to the Crown, but does not include Manitoba Agricultural Services Corporation or The Manitoba Development Corporation or a utility; (« organisme gouvernemental »), (a) a member of the Executive Council, or, (b) a department, branch, or division of the executive government of Manitoba, or an officer of, or employee in, any such department, branch, or division, or. application after the expiry of the said period, within a (2) It extends to the whole of India except (the state of Jammu and Kashmir). (Omitted) F IRST S CHEDULE S ECOND S CHEDULE T HIRD S CHEDULE 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. 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. specified in the first proviso. Section 64 of Land Acquisition Act 2013 "Reference to Authority". (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. Payment of costs, etc., of acquisition, etc. The authority will entertain and decide the references made to it under Section 64 of the Central Act No.30 of 2013. Without limiting the generality of subsection (2), the minister shall, through the branch. LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (AMENDMENT) SECOND ORDINANCE, 2015 NO. 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… The commission may make rules governing its procedure. rights of Rehabilitation and Resettlement under Chapters V "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 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. 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. 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). injunction shall be granted by any court in respect of any shall have jurisdiction to entertain any dispute relating to 66. within a period of thirty days. All hearings of the commission shall be public; and any party to a matter before the commission may be represented by counsel and may call witnesses, submit evidence, and present argument. 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. 93 and 86 of Manitoba Evidence Act. was sufficient cause for not filing it within the period Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is also called land acquisition act 2013 and was brought to replace Land Acquisition Act of 1894, enacted during British era. 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. 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