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? RIGHT TO
‘ INFORMATION
७90(द5ठ-6 0०६०४८29
THE ANDHRA PRADESH GAZETTE
PART IV-B EXTRAORDINARY
PUBLISHED BY AUTHORITY
‘N-. 22] AMARAVATI, WEDNESDAY, MAY 30, 2018.
ANDHRA PRADESH ACTS, ORDINANCES AND
REGULATIONS Etc.,
The following Act of the Andhra Pradesh Legislature which was
reserved by the Governor on the 21st December, 2017 for the consideration
and assent of the President received the assent of the President on the 27th
2018 and the said assent is hereby first published on the 30th May, 2018 in
Andhra Pradesh Gazette for general information :- '
-
ACT No. 22 of 2018
ACT FURTHER TO AMEND THE RIGHT TO FAIR COMPENSA-
TION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION
RESETTLEMENT ACT, 2013 IN ITS APPLICATION TO THE STATE
ANDHRA PRADESH. जे
Be it enacted by the Legislature of the State of Andhra Pradesh in the Sixty-ninth
Year of the Republic of India as follows:- :
L= AD This Act may be called the Right to Fair Compensation and Short title and
Transparency in Land Acquisition, Rehabilitation and Resettlement (Andhra Pradesh Commencement.
Amendment) Act, 2018.
(2) The Act shall be deemed to have come into effect on 1% January, 2014,
(3) The provisions of this Amendment Act shall have effect notwithstanding
anything contained in any law or judgment or order of any Court or authority, without
affecting the vested rights. ~
2)... Inthe Right to Fair Compensation and Transparency in Land Acquisition, ~ Amendment
Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the principal Act), - tosection 2.
in its application to the State of Andhra Pradesh in section 2, in sub-section (2), after 5० छ
e second proviso, the following proviso shall be added, namely:- 20153.
M2OAT - FE [1]
ANDHRA PRADESH GAZETTE EXTRAORDINARY [PART IV-B
Insertion of
new
Chapter [I1 A
Insertion of new
section 23A.
“Provided also that the acquisition of land for the projects listed in'section
'10A and the purposes specified therein shall be exempted from the provisions of the
first proviso to this sub-section”,
3. In the Principal Act, after Chapter II1, the following Chapter shall be
inserted, namely: -
“CHAPTER III A
PROVISIONS OF CHAPTER II AND CHAPTER III NOT TO APPLY
TO CERTAIN PROJECTS
बज of State
Government to
exempt certain
projects.
10A. 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 Iland Chapter Il of this Act, namely: -
(a) such projects vital to national security or defence of India and every part
thereof, including preparation for defence or defence production.
(b) rural infrastructure including electrification;
(© affordable housing and housm'.g 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 such 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 of land for the proposed acquisition keeping in view the minimum
land required for such project.”. ]
4. In the Principal Act, after section 23, the following section shall be inserted,
namely:- ; - |
पर of Collector| 23A. (1) Notwithstanding anything contained in section 23, if
without enquiry in| at any stage of the proceedings, the Collector is satisfied that
case of agreement| || the persons interested in the land who appeared before
of interested him have agreed in writing on the matters to be included in the
s 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 notin
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.
; F’WW
30, 2018] ANDHRA PRADESH GAZETTE EXTRAORDINARY
3
. agr
(1)
exp
com
(2)
(3) Notwithstanding anything contained in the Re.gistrafion Act, 1908, no
ment made under sub-section (1) shall be liable to registration under that Act.”
In the Principal Act, in section 24, in sub-section (2),-
in the existing proviso, for the expression “where an award has been made” the
ession “where the said award has been made 5 years or more prior to the
encement of this Act” shall be substituted;
after the existing proviso, the following proviso shall be added, namely:-
“Provided further that in Vcomputm'g the period referred to in this sub-section,any
bt
per1
or periods during which the proceedings for acquisition of the land were held up
on account of any order, stay, suspension or injunction issued by any Court or the
period specified in the award of a Tribunal for taking possession or such period where
pos
ssion has been taken but the compensation is lying deposited in a Court or in any
‘designated account maintained for this purpose, shall be exclud:
6'
In the Principal Act, after Chapter-I1V, the following new Chapter IV A shall be
inserted, namely:-
“Acquisition of land |
by
Ggvernment by
en
agreement.
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 thereir in a
prescribed form
the State
ering 11110:
(2) The State Government or its Authorized Officer shall 0855 anorder in
terms of agreement under sub-section (1) for acquisition, and the substance of the
order shall be notified in the Gazette. On such publication of notification, the title
ownership and all interests of the land owner who enters into agreements, shall vest
with the State, free from all encumbrances >
(3) Notwithstanding anything contained in the Registration Act, 1908, no
agreement entered under sub-section (1) shall be liable to registration under that Act.
(4) Ifany family, other than (16 family of the land owner who entered into
an agreement, is affected by the acquisition of land under this section, the State
Government shall pay a lumpsum amount towards rehabilitation and resettlement, if
any, as prescribed in the rules framed hereunder:
. and
Provided that no agreement or the lumpsum amount towards rehabilitation
resettlement as may be prescribed, shall be abnormally at variance to the
disadvantage of the land owners.”. _
" Act 16 of 1908.
Amendment of
section 24,
Insertion of
Chapter IV-A.
Act 16 of 1908.
.
-
ANDHRA PRADESH GAZETTE EXTRAORDINARY . .., [PART IV-B
Insertion of
new section
31A.
Insertion of
new section
Amendment of
section 101.
Amendment of .
section 109
7. Inthe principal Act, after section 31, the following section shall be inserted.
namely:-
31 A. Notwithstanding anything contained in this Act, when-
<—_—J‘paymem of Lump ever the land is to be acquired for any projects as notified in
sum amount by State| section 10A, it shall be competent for the State Government
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 of Rehabilitation 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:-
33A. |
33A. Notwithstanding anything contained in any other law, the
authority in a reference under section 64 or the High Court in
————]Recovery y.of ~ appeal under section 74, or any other authority in any legal
the amount : :
eomesily paid. proceedings find that पट money has been wrongfully pald.to
any person under this Act, the State Government or its
authorized person or Collector shall recover the same as
arrears of land revenue
Amendment of 9 In the principal Act, in section 46, in sub-section (6), in the Explanation, in
section46. clause (b), the words “any person other than”, shall be omitted
. Substitutionof 10. In the principal Act, for section 87, along with the marginal heading the follow-
section 87. ing section shall be substituted, namely:-
87. Where any offence under this Act has been committed by
——__'“ ४. any person who is or was employed in the Central Gove'mment
or the State Government, as the case may be, at the time of
Gov.ernment commission of such alleged offence, the Court shall take
Act 2 of 1974 अमर, 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. Inthe 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 Pradesh Amendment) 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 Printing Press, Amaravati.