Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Andhra Pradesh Amendment) Act, 2018 (ACT No. 22 of 2018)

Regi tered No. HSE/49. [Price : Rs.2-00 Paise • mi RIGH'f TO LP INFORMATION N . 22] ~o~~a,E ooee~~~ THE ANDHRA PRADESH GAZETTE PART IV-B EXTRAORDINARY PUBLISHED BY AUTHORITY AMARAVATI, WEDNESDAY, MAY 30, 201'8. ANDHRA PRADESH ACTS, ORDINANCES AND REGULATIONS Etc., The following Act of the Andhra Pradesh Legislature which was re erved by the Governor on the 21st December, 2017 for the consideration an assent of the President received the assent of the President on the 27th M , 2018 and the said assent is hereby first published on the 30th May, 2018 in th Andhra Pradesh Gazette for general information: ACT No. 22 of 2018 ACT FURTHER TO AMEND THE RIGHT TO FAIR COMPENSA­ N AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION RESETTLEMENT ACT, 2013 IN ITS APPLICATION TO THE STATE 0 ANDHRA PRADESH. Be it enacted by the Legislature of the State of Andhra Pradesh in the Sixty-ninth Yi ar of the Republic of India as follows: (!) This Act may be called the Right to Fair Compensation and arency in Land Acquisition, Rehabilitation and Resettlement (And.bra Pradesh endment) Act, 2018. (2) The Act shall be deemed to have come into effect on 1st January, 2014. (3) The provisions of this Amendment Act shall have effect notwithstanding ything contained in any law or judgment or order of any Court or authority, without ecting the vested rights. · In the Right to Fair Compensation and Transparency in Land Acquisition, R habilitation and Resettlement Act, 2013 (hereinafter referred to as the principal Act), its application to the State of Andhra Pradesh in section 2, in sub-section (2), after second proviso, the following proviso shall be added, namely: A 22/17 Fl [ 1] Short title and Commencement. Amendment to section 2. Act 30 of 2013. 2 Insertion of new Chapter Ill A Insertion of new section 23A. ANDHRA PRADESH GAZETTE EXTRAORDINARY [PARTIV-B "Provided also that the acquisition ofland for the projects listed in'section 1 OA and the purposes specified therein shall be exempted from the provisions of the first proviso to this sub-section". In the Principal Act, after Chapter III, the following Chapter shall be inserted, namely: "CHAPTER ID A PROVISIONS OF CHAPTER II AND CHAPTER III NOT TO APPLY TO CERTAIN PROJECTS Power of State Government to exempt certain projects. 1 OA. The State Government may, in the public interest, by notification in the Andhra Pradesh Gazette, exempt any of the following projects from the application of the provisions of Chapter II and Chapter ill of this Act, namely: (a) such projects vital to national security or defence oflndia and every part thereof, including preparation for defence or defence production. (b) rural infrastructure including electrification; ( c) affordable housing and housing for the poor people; ( d) industrial corridors set up by the State Government and its undertakings (in which case the land shall be acquired up to one kilometer on both sides of designated railway lines or roads for sµch industrial corridor); and ( e) infrastructure projects, including projects under public-private partnership where the ownership of the land continues to vest with the Government: Provided that the State Government shall, before the issue of notification, ensure the extent ofland for the proposed acquisition keeping in view the mirrimum land required for such project.". 4. In the Principal Act, after section 23, the following section shall be inserted, namely: "Award of Collector without enquiry in case of agreement of interested persons. 23A. (1) Notwithstanding anything contained in section 23, if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed, he may, with­ out making further enquiry, make an award according to the terms of such agreement. (2) The determination of compensation for any land under sub-section (1) shall not in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act. May 30, 2018] ANDHRA PRADESH GAZETTE EXTRAORDINARY (3) Notwithstanding anything contained in the Registration Act, 1908, no agr ment made under sub-section (1) shall be liable to registration.under that Act." 5. In the Principal Act, in section 24, in sub-section (2), ·(1) in the existing proviso, for the expression "where an award has been made" the exp ession "where the said award has been made 5 years or more prior to the com encement of this Act" shall be substituted; (2) after the existing proviso, the following proviso shall be added, namely: "Provided further that in computing the period referred to in this sub-section.any or periods during which the proceedings for acquisition of the land were held up on count of any order, stay, suspension or injunction issued by any Court or the peri d specified in the award of a Tribunal for talcing possession or such period where ssion has been taken but the compensation is lying deposited in a Court or in any ated account maintained for this purpose, shall be excluded." . 6. • In the Principal Act, after Chapter-IV, the following new Chapter IV A shall be "A quisition of land by the State G vernment by en ering into ag eement. CHAPTERIV A Voluntary acquisition of land 30 A. ( 1) Notwithstanding anything contained in the Principal Act, or any other law, whenever it appears to the State Government that the land is needed in any area for any public purpose, the State Government or its Authorized Officer will enter into an agreement with the willing land owner to sell the land in favour of the State for the matters specified therein in a prescribed form. (2) The State Government or its Authorized Officer shall pass an order in ter s of agreement under sub-section (1) for acquisition, and the substance of the ord r shall be notified in the Gazette. On such publication of notification, the title, o ership and all interests of the land owner who enters into agreements, shall vest the State, free from all encumbrances. (3) Notwithstanding anything contained in the Registration Act, 1908, no agre ment entered. under sub-section ( 1) shall be liable to registration under that Act. ( 4) If any family, other than the family of the land owner who entered into eement, is affected by ~ acquisition of land under this section, the State mment shall pay a lurnpsurn amount towards rehabilitation and resettlement, if prescriqed in the rules framed hereunder: Provided that no agreement or the lurnpsum amount towards rehabilitation . and resettlement as may be prescribed, shall be abnormally at variance to the dis vantage of the land owners.". 3 Act 16 of 1908. Amendment of section 24. Insertion of Chapter IV~A. Act 16 of 1908. 4 Insertion of new section 31A. Insertion of new section 33A. ANDHRA PRADESH GAZETTE EXTRAORDINARY [PARTIV-8 7. In the principal Act, after section 31, the following section shall be inserted, namely:- . "Payment of Lump sum amount by State Government 31 A. Notwithstanding anything contained in this Act, when­ ever the land is to be acquired for any projects as notified in section 1 0A, it shall be competent for the State Government to pay such lumpsum amount as may be prescribed in the rules in lieu of Rehabilitation and Resettlement: Provided that the payment of such lumpsum amount in lieu ofRehabil itation and Resettlement as may be prescribed, shall not be abnormally at variance to the disadvan­ tage of the affected families.''. 8. In the principal Act, after section 33, the following new section 33A shall be inserted, namely: Recovery of the amount . wrongfully paid. 33A. Notwithstanding anything contained in any other law, the authority in a reference under section 64 or the High Court in appeal under section 74, or any other authority in any legal proceedings find that the money has been wrongfully paid to any person under this Act, the State Government or its authorized person or Collector shall recover the same as arrears ofland revenue.". Amendment of 9. In the principal Act, in section 46, in sub-section (6), in the Explanation, in section 46. clause (b ), the words "any person other than", shall be omitted. Substitution of section 87. Act 2 of 1974 Amendment of section 101. Amendment of section 109 10. In the principal Act, for section 87, along with the marginal heading the follow ing section shall be substituted, namely: "Offences by Government officials. . 87. Where any offence under this Act has been committed by any person who is or was employed in the Central Government or the State Government, as the case may be, at the time of commission of such alleged offence, the Court shall take cognizance of such offence provided the procedure laid down in section 197 of the Code of Criminal Procedure, 1973 is followed.". 11. In the principal Act, in section 101, for the words "a period of five years", the · words "a period specified for setting up of any project or for five years, whichever is later," shall be substituted. 12. In the principal Act, in section 109, in sub-section (2), after clause (u) the following clause shall be added, namely: "(v) to give effect to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Andhra PradeshArr\endment) Act, 2018". DUPPALA VENKATARAMANA, Secretary to Government, · Legal and Legislative Affairs & Justice, Law Department. Printed by the Commissioner of Printing, at A.P. Legislative Assembly Pri nting Press, Amaravati.