An Ordinance further to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. one or more Authorities to be known as "the Land Acquisition, Rehabilitation and Resettlement Authority" to exercise jurisdiction, powers and authority conferred on it by or under this Act. 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 … 78 Investment of money deposited in respect of lands it to direct the Collector to make the reference to it 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. Subject to subsection (7), for the purpose of carrying out its duties and functions, the commission has the like protection and powers, and is subject to like requirements, as are conferred on, or required of, commissioners appointed under Part V of The Manitoba Evidence Act. Acquisition of land without giving prior notice or token compensation. The commission may, at the direction of its chairman, be divided into two panels, each of which may sit separately; and the chairman shall be a member of one panel and the vice-chairman shall be a member of the other panel, but the absence of the chairman or the vice-chairman from the sitting of a panel does not affect the validity of any act or thing done at the sitting as long as there is a quorum at the sitting. 2. 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. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013) is an Act of Indian Parliament that regulates land acquisition and lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected persons in India. Once this is clear, we will have no difficulty in concluding that Section 96 of the 2013 Land Acquisition Act makes Section 194LA of the Income Tax Act, 1961, inapplicable to the compensation paid under the award. thirty days from the date of receipt of application, make a The commission shall have such duties and functions as are conferred or charged on it under this Act or any other Act of the Legislature. such reference within the period so specified, the applicant In certifying due compensation in respect of an acquisition of land, the commission may include in due compensation an amount for the costs incurred by the owner in appearing before, submitting evidence to and presenting argument to the commission including expenses incurred by the owner for the purpose of preparing and presenting his case before the commission. The Central Government has enacted a new law namely Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (‘RFCTLARR Act’) on 26th September, 2013 which came into force on 1 st January, 2014. 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. (3) It shall come into force on the first day of March 1894. (c) if the agreement provides for a fixed purchase price, an amount not exceeding the purchase price. within a period of thirty days. Shortcomings of Land Acquisition Act. specified in the first proviso. Application of section 3A where there is no development approval 3C. 10. 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). 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. The Act also has provision for the establishment of Land Acquisition, Rehabilitation and Resettlement Authority for speedy disposal of disputes. 7th September, 2011 - … 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. Service of notice by authority, Section 67 8. Section 64 of Land Acquisition Act 2013 "Reference to Authority". 73 Re-determination of amount of compensation on the basis 1996, c. 79, s. 33; S.M. the land acquisition whether done by the central or state governments except the state of Jammu & Kashmir under section 63 and 64 of Land Acquisition 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 and Reference to persons interested: Provided that the Collector shall, within a period of such matter. Where neither the chairman nor the vice-chairman are present at a meeting of the commission or of a panel of the commission, the members present may appoint one of the members present to preside at the meeting. 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