 the land acquisition bill, 2011———— arrangement of clauses———— part i preliminary clauses1 short title, extent and commencement 2 definitions 3 mandatory social impact assessment prior to acquisition of land under this act part ii acquisition preliminary investigation4 publication of preliminary notification and power of officers thereupon 5 payment for damage 6 hearing of objections 7 declaration that land is required for a public purpose 8 after declaration, collector to take order for acquisition 9 land to be marked out, measured and planned10 notice to persons interested 11 power to require and enforce the making of statements as to names and interests 12 enquiry and award by collector 13 period within which an award shall be made 14 criteria for determination of market value of the land 15 award of collector when to be final 16 adjournment of enquiry 17 correction of clerical errors, etc 18 power to summon and enforce attendance of witnesses and production ofdocuments19 matters to be considered and neglected 20 power to call for records, etc 21 power to take  possession 22 special powers in case of urgencyclauses part iii reference to authority and procedure thereon23 reference to authority part iv establishment of the state authority24 establishment of land acquisition compensation disputes settlement authority 25 term of office and conditions of service of members 26 removal of member 27 officers and employees of authority 28 proceedings of authority 29 filling of a casual vacancy 30 powers of authority 31 proceedings before authority 32 speedy disposal of disputes by authority 33 members and officers of authority to be public servants 34 jurisdiction of civil courts barred part v establishment of the authority for the centre35 establishment of land acquisition compensation disputes settlement authorityfor the centre36 application of certain provisions relating to authority for compensation disputessettlement to authority for the centre37 collector's statement to the authority 38 service of notice 39 restriction on scope of proceedings 40 proceedings to be in open hearings of the authority 41 matters to be considered on determining compensation 42 matters to be neglected in determining compensation 43 amount of compensation awarded by authority not to be lower than the amountawarded by the collector44 forms of awards 45 costs 46 collector may be directed to pay interest on excess compensation 47 re-determination of the amount of compensation on the basis of the award of thecourt/authority48 determination of amount of compensation in pending or unsettled casesclauses part vi apportionment of compensation49 particulars of apportionment to be specified 50 dispute as to apportionment part vii payment51 payment of compensation or deposit of same in authority 52 investment of money deposited in respect of lands belonging to person incompetentto alienate53 payment of interest part viii temporary occupation of land54 temporary occupation of waste or arable land 55 power to enter and take possession and compensation on restoration 56 difference as to condition of land part ix miscellaneous57 service of notices 58 penalty for obstructing acquisition of land 59 magistrate to enforce surrender 60 completion of acquisition not compulsory, but compensation to be awarded whennot completed61 acquisition of part of house or building 62 acquisition of land at cost of a local authority 63 exemption from stamp duty and fees 64 acceptance of certified copy as evidence 65 notice in case of suits for anything done in pursuance of act 66 code of civil procedure to apply to proceedings before authority 67 appeals in proceedings before court 68 utilization of land for the purpose it is acquired 69 sharing of difference of cost of acquisition and consideration received by transferof the land70 repeal and savings 71 power to make rules bill no  27  of 2011 the land acquisition  bill,  2011 by shri jayant chaudhary, mp a billto consolidate and amend the law relating to acquisition of land for public purposesbe it enacted by parliament in the sixty-second  year of the republic of  india  as follows:— 1 (1) this act may be called the land acquisition  act, 2011(2) it extends to the whole of india except the state of jammu and kashmirshort title, extent and commencement definitions2 in this act, unless the context otherwise requires,—(a) the expression "appropriate government" means,—(i) in relation to acquisition of  land for the purposes of the union, thecentral government;(ii) in relation to acquisition of land for the purposes of any infrastructure project in more than one state, the central government; and(iii) in relation to acquisition of land for any other purpose, the state government;5(b) the expression "authority" means the land acquisition compensation disputes settlement authority established by the state government under sub-section (1) of section 24;10(c) the expression "authority for the centre" means the land acquisition compensation disputes settlement authority for the centre established by the central government under sub-section (1) of section 35;(d) the expression "collector" means any officer specially appointed by the appropriate government to perform the functions of a collector under this act;1 of 1956(e) the expression "corporation owned or controlled by the state" means any body corporate established  by or under a central, provincial or state act, and includes a government company as defined in section 617 of the companies act, 1956;15(f) the expression "cost of acquisition" includes—(i) compensation awarded including the solatium and other amount and interest payable thereupon;20(ii) demurrage to be paid for damages caused to the land and standingcrops in the process of acquisition;(iii) cost of acquisition of out-project land for settlement of displaced oradversely affected families;| (                                                                                | iv   | ) cost of development of infrastructure and amenities at resettlement   ||----------------------------------------------------------------------------------|------|-------------------------------------------------------------------------|| sites;                                                                           |      |                                                                         || 25                                                                               |      |                                                                         || (                                                                                | v    | ) additional cost of resettlement as may be required after admissible   || adjustment of rehabilitation and resettlement cost against compensation awarded  |      |                                                                         || to affected persons or families;                                                 |      |                                                                         || (                                                                                | vi   | ) administrative cost of acquisition of land including both in-project  || and out-project areas lands; and                                                 |      |                                                                         || 30                                                                               |      |                                                                         || (                                                                                | vii  | ) administrative cost involved in planning and implementation of        || resettlement and rehabilitation packages for providing physical rehabilitation   |      |                                                                         || and resettlement to the entitled and interested families, displaced or adversely |      |                                                                         || affected on account of in-project acquisition of land;                           |      |                                                                         || 35                                                                               |      |                                                                         |(g) the expression "court" means a principal civil court of original jurisdiction unless, the appropriate government has appointed a special judicial officer within any specified local limits to perform functions of the court under this act;(h) the following persons shall be deemed person "entitled to act" as and to the extent hereinafter provided (that is to say)—40trustees for other persons beneficially interested shall be deemed the person entitled to act with reference to any such case, and that to the same extent as the person beneficially interested could have acted if free from disability;a married woman in cases to which the english law is applicable shall be deemed the person so entitled to act, and whether of full age or not, to the same extent as if she were unmarried and of full age; and45the guardians of minors and the committees or managers of lunatics shall be deemed respectively the persons so entitled to act, to the same extent as the minors or lunatics themselves, if free from disability, could have acted:provided that—(i) no person shall be deemed "entitled to act" whose interest in the subject matter shall be shown to the satisfaction of the collector or the authority for the centre or, as the case may be, the authority to be adverse to the interest of the person interested for whom he would otherwise be entitled to act;5(ii) in every such case the person interested may appear by a next friend or, in default of his appearance by a next friend, the collector or the authority for the centre or, as the case may be, the authority shall appoint a guardian for the case to act on his behalf in the conduct thereof;105 of 1908(iii) the provisions of order xxxii of the first schedule to the code of civil procedure, 1908 shall, mutatis mutandis, apply in the case of persons interested appearing before a collector or authority, by a next friend, or by a guardian for the case, in proceedings under this act; and15(iv) no person "entitled to act" shall be competent to receive thecompensation money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land and receive and give a good discharge for the purchase money on a voluntary sale;(i) the expression "infrastructure project" shall include,—(i) any project relating to generation, transmission or supply of electricity;20(ii) construction of roads, highways, bridges, airports, ports, rail systems ormining activities;(iii) water supply project, irrigation project, sanitation and sewerage system; or (iv) any other public facility as may be notified in this regard by the centralgovernment in the official gazette;25(j) the expression "land" includes benefits to arise out of land, and things attached tothe earth or permanently fastened to anything attached to the earth;(k) the expression "local authority" includes a town planning authority, by whatever name called, set up under any law for the time being in force;30(l) the expression "member" means a member of the authority for the centre, or as the case may be, the authority, and includes the chairperson;(m) the expression "persons interested" includes,—(i) all persons claiming an interest in compensation to be made on account of the acquisition of land under this act;35(ii) tribals and other traditional forest dwellers, who have lost any traditionalrights recognised under the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006;2 of 2007(iii) a person interested in an easement affecting the land; and (iv) persons having tenancy rights under the relevant state laws;(n) the expression "public purpose" includes,—40(i) the provision of land for strategic purposes relating to naval, military and airforce works or any other work vital to the state, which are owned and funded out of state exchequer to the tune of minimum fifty one per cent of the total project cost;45(ii) the provision of land for infrastructure projects of the appropriategovernment, where the benefits accrue to the general public; and such infrastructure project must be owned and funded out of the state exchequer to the tune of minimum fifty one per cent of the total project cost;(iii) the provision of land for any other purpose useful to the general public, andnecessary for planned development for which land has been purchased by a person underlawful contract to the extent of eighty five per cent but the remaining fifteen per cent of the total area of land required for removing hurdles in completion of the project' explanation—the word "person" shall include any company or association or body of individuals, whether incorporated or not53 whenever the appropriate government intends to acquire land for public purposeinvolving physical displacement of—(i) one hundred or more families en masse in plain area; ormandatory social impact assessment prior to acquisition of land under this act10(ii) twenty five or more families en masse in tribal or hilly areas or desertdevelopment programme blocks or areas specified in fifth schedule or sixth schedule to the constitution, a social impact assessment study shall be carried out in the affected area for the purpose of social impact appraisal, incorporation of tribal development plan, plan for giving emphasis for the scheduled castes, the scheduled tribes and other vulnerable sections of the society, provision for infrastructural amenities and facilities in the proposed resettlement area in such manner and within such time as may be prescribed by rules made by the central government15 part ii acquisition preliminary investigation20publication of preliminary notification and power of officers thereupon25304 (1) whenever it appears to the approrpriate government that land in any locality is needed or is likely to be needed for any public purpose, a notification to that effect shall be published in the official gazette and in two daily newspapers circulating in that locality of which at least one shall be in the regional language, and, except in cases of land to which by virtue of the direction of the state government under sub-section (6) of section 22, the provisions of the section 6 shall not apply, the collector shall issue notice to all persons interested in the land as defined under section 2(m), to appear personally or by agent before him at the place and time mentioned therein, within a period of thirty days, after the date of publication of the notice, and to submit objection to the acquisition of the land notified under  this sub-section and the collector shall also cause public notice of the substance of such notification to be given at convenient places in the said locality, the last of the dates of such publication and the giving of such public notice and notice to the persons interested, being hereinafter referred to as the date of the publication of the notification:provided that where no declaration is made consequent upon the issue of a notification under sub-section (1) within the time-limit specified in sub-section (1) of section 7, no fresh notification under this sub-section shall, subsequent to the expiry of the period aforesaid, be made for a period of one year in respect of the same land:35provided further that in case a notification issued under sub-section (1) in respect of a particular land lapsed for the second time, no proceeding under sub-section (1) shall be initiated at least for a period of five years from the date of such notification40(2) after issuance of notice under sub-section (1), the collector shall, before issue of declaration under section 7, undertake and complete the exercise of updating of land records, classification of land and its tenure, survey and standardization of land and property values in respect of the land under acquisition, together with finalization of the survey and such scheme of rehabilitation and resettlement as may be prescribed by the central government45(3) thereupon it shall be lawful for any officer, either generally or specially authorized by such government in this behalf, and for his servants and workmen,—to enter upon and survey and take levels of any land in such locality; to dig or bore into the sub-soil; to do all other acts necessary to ascertain whether the land is adapted for such purpose;50to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon;to mark such levels, boundaries and line by placing marks and cutting trenches;and5where otherwise the survey cannot be completed and the levels taken and theboundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle:10provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do sopayment for damage5 the officer so authorized shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the collector or other chief revenue officer of the district, and such decision shall be final15 objectionshearing of objections6 (1) any person interested in any land which has been notified under section 4, subsection (1), as being needed or likely to be needed for a public purpose may, within thirty days from the date of the publication of the notification, object to the acquisition of the land or of any land in the locality, as the case may be20 25(2) every objection under sub-section (1) shall be made to the collector in writing, and the collector shall give the objector an opportunity of being heard in person or by any person authorized by him in this behalf or by pleader and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, either make a report in respect of the land which has been notified under section 4, sub-section (1), or make different reports in respect of different parcels of such land, to the appropriate government, containing his recommendations on the objections, together with the record of the proceedings held by him for the decision of that government within a maximum period of sixty days from the last date of filing of objections under sub-section (1) and the decision of the appropriate government on the objections shall be final:30provided that the appropriate government shall take a final decision in this regard within a maximum period of thirty days from the date of making of report by the collector(3) for the purpose of this section, a person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if the land were acquired under this act35(4) the appropriate government shall appoint a fulltime officer to exercise the powers of collector and such appointed officer would not discharge any other duties except such duties as are provided under the provisions of this act declaration of intended acquisition40declaration that land is required for a public purpose457 (1) when the appropriate government is satisfied, after considering the report, ifany, made under section 6, sub-section (2), that any particular land is needed for a publicpurpose, a declaration shall be made to that effect under the signature of a secretary to such government or of some officer duly authorized to certify its orders, and different declarations may be made from time to time in respect of different parcels of any land covered by the same notification under section 4, sub-section (1), irrespective of whether one report ordifferent reports has or have been made (wherever required) under section 6, sub-section (2):provided that no declaration in respect of any particular land covered by a notificationunder section 4, sub-section (1),—(i) published after the commencement of the land acquisition (amendment)act, 1984 but before the commencement of the land acquisition act, 2011 shall be50made after the expiry of one year from the date of the publication of the notification;(ii) published after the commencement of the land acquisition act, 2011 shall be made after the expiry of one year from the date of the publication of the notification5explanation 1— in computing any of the periods referred to in the proviso, the period during which any action or proceeding to be taken in pursuance of the notification issued under section 4, sub-section (1), is stayed by an order of a court shall be excludedexplanation 2—  where the compensation to be awarded for such property is to be paid out of the funds of a corporation owned or controlled by the state, such compensation shall be deemed to be compensation paid out of public revenues10 15(2) every declaration shall be published in the official gazette and in two daily newspapers circulating in the locality in which the land is situated of which at least one shall be in the regional language, and and collector shall cause public notice of the substance of such declaration to be given at convenient places in the said locality, the last of the dates of such publication and the giving of such public notice, being hereinafter referred to as the date of the publication of the declaration, and such declaration shall state the district or other territorial division in which the land is situated, the purpose for which it is needed, its approximate area, and, where a plan is to be made of the land, the place where such plan may be inspected20(3) the said declaration shall be conclusive evidence that the land is needed for a public purpose and, after making such declaration, the appropriate government may acquire the land in manner hereinafter provided258 whenever any land is so declared to be needed for public purpose, the appropriate government, or some officer authorized by the appropriate government in this behalf, shall direct the collector to take order for the acquisition of the landafter declaration, collector to take order for acquisition9 (1) the collector shall thereupon cause the land (unless it has been already marked out under section 4) to be marked out and measured, and if no plan has been made thereof, a plan shall be made of the sameland to be marked out, measured and planned30(2) the damages caused while carrying out works on land such as survey, digging or boring sub-soil, marking boundaries or cutting trenches or clearing away any standing crop, fence or forest or doing such other acts or things which may cause damages while acting under section 4 particularly relating to land which is excluded from acquisition proceeding, shall be evaluated and compensation shall be paid to the persons having interest in that land, within six months from the completion of the said works35notice to persons interested10 (1) the collector shall then cause public notice to be given at convenient placeson or near the land to be taken, stating that the government intends to take possession of the land, and that claims to compensations for all interests in such land may be made to him40(2) such notice shall state the particulars of the land so needed, and shall require allpersons interested in the land to appear pesonally or by agent before the collector at a time and place therein mentioned (such time not being earlier than thirty days after the date of publication of the notice) and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, and their objections, if any to the measurements made under section 9 and the collector may, in any case, require such statement to be made in writing and signed by the party or his agent45(3) the collector shall also serve notice to the same effect on the occupier, if any, ofsuch land and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorized to receive service on their behalf, within the revenue district in which the land is situated50(4) in case any person so interested resides elsewhere, and has no such agent, thenotice shall be sent to him by post in a letter addressed to him at his last known residence,6 of 1898address or place of business and registered under sections 28 and 29 of the indian post office act, 18985power to require and enforce the making of statements as to names and interests11 (1) the collector may also require any such person to make or deliver to him, at atime and place mentioned (such time not being earlier than thirty days after the date of the requisition), a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits, if any, received or receivable on account thereof for three years next preceding the date of the statement10(2) every person required to make or deliver a statement under this section orsection 10 shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the indian penal code45 of 1860enquiry and award by collector1512 (1) on the day so fixed or on any other day to which the enquiry has beenadjourned, the collector shall proceed to enquire into the objection, if any, which any person interested has stated pursuant to a notice given under section 10 to the measurements made under section 9, and into the value of the land at the date of the publication of the notification under section 4, sub-section (1), and into the respective interests of the personsclaiming the compensation and shall make an award under his hand of—(i) the true area of  the land; (ii) the compensation which in his opinion should be allowed for the land; and20(iii) the apportionment of the said compensation among all the persons knownor believed to be interested in the land, or whom, or of whose claims, he has information, whether or not they have respectively appeared before him:25provided that no award shall be made by the collector under this sub-section withoutthe previous approval of the appropriate government or of such officer as the appropriate government may authorize in this behalf:provided further that it shall be competent for the appropriate government to directthat the collector may make such award without such approval in such class of cases as the appropriate government may specify in this behalf30(2) nothwithstanding anything contained in sub-section (1), if at any stage of theproceedings, the collector is satisfied that all the persons interested in the land who appearedbefore him have agreed in writing on the matters to be included in the award of the collector in the form prescribed by rules made by the appropriate government, he may, without making further enquiry, made an award according to the terms of such agreement35(3) the determination of compensation for any land under sub-section (2) shall not inany 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 act16 of 1908(4) notwithstanding anything contained in the registration act, 1908, no agreementmade under sub-section (2) shall be liable to registration under that act4013 the collector shall make an award under section 12 within a period of one yearfrom the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition   of the land shall lapse:period within which an award shall be madeprovided that in a case where the said declaration has been published before the commencement of this act, the award shall be made within a period of one year from such commencement:45provided further that the collector may, after the expiry of the period of limitation, if he is satisfied that the delay has been caused due to unavoidable circumstances, and for the reasons to be recorded in writing, he may make the award within an extended period of six months:provided also that where an award is made within the extended period, the entitled person shall, in the interest of justice, be paid an additional compensation for the delay in making of the award, every month for the period so extended, at the rate of not less than five per cent of the value of the award, for each month of such delay514 (1) the collector shall adopt the following criteria in assessing and determining the market value of the land,—2 of 1899criteria for determination of market value of the land(i) the minimum land value, if any, specified in the indian stamp act, 1899 for theregistration of sale deeds in the area, where the land is situated; or10(ii) the highest sale price for similar type of land situated in the village orvicinity ascertained from the sale prices of transactions within preceding one year period from the date of notification under section 4(2) where the provisions of sub-section (1) are not applicable for the reason that:| (                                                                      | i   | ) the land is situated in such area where the transactions in land are restricted   ||------------------------------------------------------------------------|-----|-------------------------------------------------------------------------------------|| by or under any other law for the time being in force in that area; or |     |                                                                                     || 15                                                                     |     |                                                                                     || (                                                                      | ii  | ) the registered sale deeds for similar land as mentioned in clause (               || section (                                                              | 1   | ) are not available for the preceding one year; or                                  || 2 of 1899                                                             |     |                                                                                     || (                                                                      | iii | ) the minimum land value has not been specified under the indian stamp              || act, 1899 by the appropriate authority,                                |     |                                                                                     || 20                                                                     |     |                                                                                     |the concerned state government shall specify the floor price per unit area of the said land based on the highest prices paid for similar type of land situated in the adjoining areas or vicinity, ascertained from the sale deeds registered during the preceding one year where highest price has been paid, and the collector may calculate the value of the land accordingly(3) the collector shall, before assessing  and  determining the market value of the land being acquired under this act,—| (                            | a   | ) ascertain the intended land use category of such land; and              ||------------------------------|-----|---------------------------------------------------------------------------|| 25                           |     |                                                                           || (                            | b   | ) take into account the value of the land of the intended category in the || adjoining areas or vicinity, |     |                                                                           |for the purpose of determination of the market value of the land being acquired30(4) in determining the market value of the building and other immovable property or assets attached to the land or buildings which are to be acquired, the collector may use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by the collector(5) the collector may, for the purpose of determining the value of trees and plants, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him35(6) for the purpose of assessing the value of the standing crops damaged during theprocess of land acquisition proceedings, the collector may utilize the services of experienced persons in the field of agriculture as he considers necessary40award of collector when to be final15 (1) such award shall be filed in the collector's office and shall, except as hereinafterprovided, be final and conclusive evidence, as between the collector and the persons interested, whether they have respectively appeared before the collector or not, of the true area and value of the land, and the apportionment of the compensation among the persons interested45(2) the collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made(3) the collector shall keep open to the public and display a summary of the entire proceedings undertaken in a case of acquisition of land including the amount of compensation awarded to each individual along with details of the land finally acquired under this act(4) for the purposes of sub-section (3), the summary of the entire proceedings shall include the summary of schedule for payment of compensation; dates of taking possession of the land and such other information as may be prescribed510(5) it shall be the duty of the collector to ensure that physical possession of the land is taken over and the amount of compensation is paid within a period of sixty days commencing from the date of the award(6) when amount of compensation is not being paid to the interested person within sixty days as aforesaid, unless prevented by one or more of such contingencies as provided in section 51 of this act, the entitled person shall, in the interest of justice, be paid an additional compensation for every month for the period so delayed, at the rate of not less than five per cent of the value of the award, for each month of such delay(7) the possession of the land acquired shall not be taken unless the compensation due under this act is paid in full or is tendered to the entitled person16 the collector may, for any cause he thinks fit, from time to time, adjourn the enquiry to a later date to be fixed by him15 2017 (1) the collector may, at any time but not later than six months from the date of the award, or where he has been required under section 23 to make a reference to the authority, before the making of such reference, by order, correct any clerical or arithmetical mistakes in the award or errors arising therein either on his own motion or on the application of any person interested or a local authority:provided that no correction, which is likely to affect prejudicially any person, shall be made unless such person has been given a reasonable opportunity of making a representation in the matter25(2) the collector shall give immediate notice of any correction made in the award to all the persons interested(3) where any excess amount is proved to have been paid to any person as a result of the correction made under sub-section (1), the excess amount so paid shall be liable to be refunded and in the case of any default or refusal to pay, the same may be recovered as an arrear of land revenue3018 for the purpose of enquiries under this act, the collector shall have powers to summon and enforce the attendance of witnesses, including the parties interested or any of them, and to compel the production of documents by the same means, and, in the same manner as is provided in the code of civil procedure, 19085 of 1908power to summon and enforce attendance of witnesses and production of documents19 in determining the amount of compensation, the collector shall be guided by theprovisions contained in sections 14, 41 and 4235matters to be considered and neglected power to call for records, etc4020 the appropriate government may at any time before the award is made by thecollector under section 12 call for any record of any proceedings whether by way of inquiry or otherwise for the purpose of satisfying itself as to the legality or propriety of any findings or order passed or as to the regularity of such proceedings and may pass such order or issue such direction in relation thereto as it may think fit:provided that the appropriate government shall not pass or issue any order or directionprejudicial to any person without affording such person a reasonable opportunity of being heard taking possession45power to take possession21 when the collector has made an award under section 12, he may take possessionof the land, which shall thereupon vest absolutely in the government, free from all encumbrances22 (1) in cases of urgency, whenever the appropriate government so directs, thecollector, though no such award has been made may, on the expiration of thirty days fromspecial powers in case of urgencythe publication of the notice mentioned in section 10, sub-section (1) take possession of any land needed for a public purpose and such land shall thereupon vest absolutely in the government, free from all encumbrances510(2) whenever, owing to any sudden change in the channel of any navigable river or other unforeseen emergency, it becomes necessary for any railway administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or of providing convenient connection with or accesses to any such station, or the appropriate government considers it necessary to acquire the immediate possession of any land for the purpose of maintaining any structure or system pertaining to irrigation, water supply, drainage, road communication or electricity, the collector may immediately after the publication of the notice mentioned in sub-section (1) and with the previous sanction of the appropriate government, enter upon and take possession of such land, which shall thereupon vest absolutely in the government free from all encumbrances:15provided that the collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience20(3) in every case under either of the preceding sub-section the collector shall at the time of taking possession offer to the persons interested compensation for the standing crops and trees, if any on such land and from any other damage sustained by them caused by such sudden dispossesson and not excepted in section 42; and, in case such offer is not accepted, the value of such crops and trees and the amount of such other damage shall be allowed for in awarding compensation for the land under the provisions herein contained25(4) before taking possession of any land under sub-section (1) or sub-section (2), the collector shall, without prejudice to the provisions of sub-secton (3),—(a) tender payment of eighty per centum of the compensation for such land as estimated by him to the persons interested entitled thereto, and30(b) pay it to them, unless prevented by some one or more of the contingencies mentioned in section 51, sub-section (2), and where collector is so prevented, the provisions of section 51, sub-section (2), (except the second proviso thereto), shall apply as they apply to the payment of compensation under that section35(5) the amount paid or deposited under sub-section 4, shall be taken into account for determining the amount of compensation required to be tendered under section 51, and where the amount so paid or deposited exceeds the compensation awarded by the collector under section 12, the excess may unless refunded within three months from the date of collector's award, be recovered as an arrear of land revenue40(6) in the case of any land to which, in the opinion of the appropriate government, the provisions of sub-section (1) or sub-section (2) are applicable, the appropriate government may direct that the provisions of section 6 shall not apply, and, if it does so direct, a declaration may be made under section 7 in respect of the land at any time after the date of the publication of the notification under section 4, sub-section (1)45(7) without prejudice to the provisions of sub-section (3) and sub-section (4), an additional compensation of one hundred percent of the market value as determined under section 14, shall be paid by the collector in respect of land and property for acquisition of which proceedings have been initiated under sub-section (1) and sub-section (2) part iii reference to authority and procedure thereon5023 (1) any person interested who has not accepted the award may, by written application to the collector, require that the matter be referred by the collector for the reference to authoritydetermination of the authority, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, or the apportionment of the compensation among the persons interested:5provided that the collector shall, within a period of fifteen days from the date ofreceipt of application, make a reference to the authority for the centre, or as the case may be, the authority:provided further that where the collector fails to make such reference within the period so specified, the applicant may apply to the authority for the centre, or as the case may be, the authority, requesting it to direct the collector to make the reference to it within a period of thirty days10(2) the application shall state the grounds on which objection to the award is taken: provided that every such application shall be made,—(a) if the person making it was present or represented before the collector at thetime when he made his award, within six weeks from the date of the collector's award;15(b) in other cases, within six weeks of the receipt of the notice from the collectorunder section 15, sub-section (2), or within six months from the date of the collector's award, whichever period shall first expire:20provided further that the collector may entertain an application after the expiry of thesaid period, within a further period of one year, if he is satisfied that there was sufficient cause for not filing it within the period specified in the first proviso part iv establishment of the state  authority25establishment of land acquisition compensation disputes settlement authority24 (1) the state government shall, for the purpose of providing speedy disposal of disputes relating to land acquisition compensation, establish, by notification in the official gazette, an authority for the state to be known as the (name of the state) land acquisition compensation disputes settlement authority to exercise the jurisdiction, powers and authority conferred on it by or under this act with regard to acquisition of land by the state government:provided that a state government may constitute more than one authority or the benches thereof, for the purposes of this act, if it considers necessary30(2) the head office of the authority shall be at such place as the state government may, by notification, in the official gazette, specify(3) the authority shall consist of not less than three members, including the chairperson and member secretary to be appointed by the state government35(4) the members of the authority shall be persons of ability, integrity and standingwho have adequate knowledge of matters relating to land acquisition, public administration, finance, economics and law(5) a person shall not be qualified to be a member of the authority unless he is or has been—(i) a retired judge of a high court;40(ii) an officer of the state government not below the rank of district collector; (iii) any person having adequate knowledge and experience in the mattersrelating to land acquisition, agriculture, community service and belonging to the area of jurisdiction of the authority:45provided that a person shall not be qualified to be a member unless he has obtaineda bachelor's degree in law or an equivalent degree and has attained a minimum age of fifty years on the date of such appointment(6) the members of the authority shall not hold any other office (7) the authority shall ensure transparency while exercising its powers and discharging its functions| 25                                                                                             |  (                                                                                 | 1                                                                                    | ) a member shall hold office for a term of five years from the date he enters upon   ||-------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------|| his office:                                                                                     |                                                                                    |                                                                                      |                                                                                      || 5                                                                                               |                                                                                    |                                                                                      |                                                                                      || term of                                                                                         |                                                                                    |                                                                                      |                                                                                      || office and                                                                                      |                                                                                    |                                                                                      |                                                                                      || conditions of                                                                                   |                                                                                    |                                                                                      |                                                                                      || service of                                                                                      |                                                                                    |                                                                                      |                                                                                      || members                                                                                        |                                                                                    |                                                                                      |                                                                                      || provided that the member  shall not be eligible for reappointment in the same capacity          |                                                                                    |                                                                                      |                                                                                      || in that authority in which he had earlier held the office:                                      |                                                                                    |                                                                                      |                                                                                      || provided further that no member shall hold office as such after he has attained the             |                                                                                    |                                                                                      |                                                                                      || age of sixty-seven years                                                                       |                                                                                    |                                                                                      |                                                                                      || 10                                                                                              |                                                                                    |                                                                                      |                                                                                      || (                                                                                               | 2                                                                                  | ) a member of the authority may, by notice in writing under his hand addressed to    |                                                                                      || the state government, resign his office:                                                        |                                                                                    |                                                                                      |                                                                                      || provided that the member shall, unless he is permitted by the state government to               |                                                                                    |                                                                                      |                                                                                      || relinquish his office sooner, continue to hold office until the expiry of three months from the |                                                                                    |                                                                                      |                                                                                      || date of receipt of such notice or until a person duly appointed as his successor enters upon    |                                                                                    |                                                                                      |                                                                                      || his office or until the expiry of his term of office, whichever is the earliest                |                                                                                    |                                                                                      |                                                                                      || 15                                                                                              |                                                                                    |                                                                                      |                                                                                      || (                                                                                               | 3                                                                                  | ) the salary, allowances and other terms and conditions of service of the members    |                                                                                      || shall be such as may be prescribed by the state government:                                     |                                                                                    |                                                                                      |                                                                                      || provided that the salary, allowances and other terms and conditions of service of the           |                                                                                    |                                                                                      |                                                                                      || members, shall not be varied to their disadvantage after appointment                           |                                                                                    |                                                                                      |                                                                                      || 20                                                                                              |                                                                                    |                                                                                      |                                                                                      || removal of                                                                                      |                                                                                    |                                                                                      |                                                                                      || member                                                                                         |                                                                                    |                                                                                      |                                                                                      || 26                                                                                             | (                                                                                  | 1                                                                                    | ) no member shall be removed from office  except in accordance with the              || provisions of this section                                                                     |                                                                                    |                                                                                      |                                                                                      || (                                                                                               | 2                                                                                  | ) the state government may by order remove from office any member, if he—            |                                                                                      || (                                                                                               | a                                                                                  | ) has been adjudged an insolvent;                                                    |                                                                                      || 25                                                                                              |                                                                                    |                                                                                      |                                                                                      || (                                                                                               | b                                                                                  | ) has been convicted of an offence which, in the opinion of the state                |                                                                                      || government, involves moral turpitude;                                                           |                                                                                    |                                                                                      |                                                                                      || (                                                                                               | c                                                                                  | ) has become physically or mentally incapable of acting as a member;                 |                                                                                      || (                                                                                               | d                                                                                  | ) has acquired such financial or other interest as is likely to affect prejudicially |                                                                                      || his functions as a member;                                                                      |                                                                                    |                                                                                      |                                                                                      || (                                                                                               | e                                                                                  | ) has so abused his position as to render his continuance in office prejudicial      |                                                                                      || to the public interest; or                                                                      |                                                                                    |                                                                                      |                                                                                      || 30                                                                                              |                                                                                    |                                                                                      |                                                                                      || (                                                                                               | f                                                                                  | ) has been guilty of proved misbehaviour                                            |                                                                                      || (                                                                                               | 3                                                                                  | ) no person shall be removed under this section until that persons has been given    |                                                                                      || an opportunity of being heard in the matter                                                    |                                                                                    |                                                                                      |                                                                                      || 35                                                                                              |                                                                                    |                                                                                      |                                                                                      || 27                                                                                             | (                                                                                  | 1                                                                                    | ) the state government may specify the numbers, nature and categories of the         || officers and employees of the authority                                                        |                                                                                    |                                                                                      |                                                                                      || officers and                                                                                    |                                                                                    |                                                                                      |                                                                                      || employees of                                                                                    |                                                                                    |                                                                                      |                                                                                      || authority                                                                                      |                                                                                    |                                                                                      |                                                                                      || (                                                                                               | 2                                                                                  | ) the salaries and allowances payable to, and other terms and conditions of service  |                                                                                      || of, the officers and employees of the authority shall be such as may be prescribed by the       |                                                                                    |                                                                                      |                                                                                      || state government                                                                               |                                                                                    |                                                                                      |                                                                                      || proceedings                                                                                     |                                                                                    |                                                                                      |                                                                                      || of authority                                                                                   |                                                                                    |                                                                                      |                                                                                      || 40                                                                                              |                                                                                    |                                                                                      |                                                                                      || 28                                                                                             | the authority shall have its sittings at the head office or any other place and at |                                                                                      |                                                                                      || such time as the chairperson may direct, and shall observe such rules of procedure in           |                                                                                    |                                                                                      |                                                                                      || regard to the transaction of business in its sittings as it may specify                        |                                                                                    |                                                                                      |                                                                                      || filling of a                                                                                    |                                                                                    |                                                                                      |                                                                                      || casual                                                                                          |                                                                                    |                                                                                      |                                                                                      || vacancy                                                                                        |                                                                                    |                                                                                      |                                                                                      || 29                                                                                             | a casual vacancy in the office of a member of the authority shall be filled by the |                                                                                      |                                                                                      || state government, by notification in the official gazette, as soon as may be, after the         |                                                                                    |                                                                                      |                                                                                      || occurrence of the vacancy                                                                      |                                                                                    |                                                                                      |                                                                                      || 45                                                                                              |                                                                                    |                                                                                      |                                                                                      || powers of                                                                                       |                                                                                    |                                                                                      |                                                                                      || authority                                                                                      |                                                                                    |                                                                                      |                                                                                      || 5 of 1908                                                                                      |                                                                                    |                                                                                      |                                                                                      || 30                                                                                             | (                                                                                  | 1                                                                                    | ) the authority shall, for the purposes of the settlement of disputes relating to    || land acquisition compensation under this act, have the same powers as are vested in a           |                                                                                    |                                                                                      |                                                                                      || civil court under the code of civil procedure, 1908 in respect of the following matters,        |                                                                                    |                                                                                      |                                                                                      || namely:—                                                                                        |                                                                                    |                                                                                      |                                                                                      |(a) summoning and enforcing the attendance of any person and examining himon oath;(b) discovery and production of any document or other material objectproducible as evidence;(c) receiving evidence on affidavits;5(d) requisitioning of any public record; (e) issuing commission for the examination of witnesses; (f) reviewing its decisions, directions and orders; (g) any other matter which may be prescribed;10(2) the authority shall have the powers to pass such interim order in any proceeding,hearing or matter before it as it may consider appropriate45 of 1860proceedings before authority2 of 1974| 31                                                                                         ||---------------------------------------------------------------------------------------------|| within the meaning of sections 193 and 228 of the indian penal code and the authority shall || be deemed to be a civil court for the purposes of sections 345 and 346 of the code of       || criminal procedure, 1973                                                                   |15speedy disposal of disputes by authority32 the applications relating to settlement of land acquisition compensation under this act shall be decided by the authority as expeditiously as possible and endeavour shall be made by it to dispose of the disputes finally within a period of six months from the date of receipt of the reference under section 232033 the members and officers of the authority shall be deemed to be public servantswithin the meaning of section 21 of the indian penal code45 of 1860members and officers of authority to be public servants jurisdiction of civil courts barred34 no civil court shall have jurisdiction to entertain any dispute relating to land acquisition in respect of which the collector or the authority is empowered by or under this act, and no injunction shall be granted by any court in respect of any such matter 25 part v establishment of the authority for the centre3035 (1) the central government may, for the purpose of providing speedy disposal of disputes relating to land acquisition compensation, by notification, in the official gazette, establish one or more authority to be known as the land acquisition compensation disputes settlement authority for the centre to exercise jurisdiction, powers and authority conferred on it by or under this act with regard to the acquisition of land by the central governmentestablishment of land acquisition compensation disputes settlement authority for the centre35(2)  the central government shall specify in the notification referred to in subsection (1) the matters and places in relation to which the authority for the centre may exercise jurisdiction(3) the authority for the centre shall consist of a chairperson and not less than two members to be appointed by the central government(4) a person shall not be qualified to be a member of the authority for the centre unless he,—(i) is or has been a judge of a high court; or40(ii) is a person who is or has been a member of the indian administrative servicehaving sufficient knowledge of land acquisition and has held the post of collector of a district and a post equivalent to a joint secretary in the government of india; or(iii) is a person having adequate knowledge and experiences in the mattersrelating to land acquisition, agricultural and community services:45provided that no appointment of a sitting judge under clause (i) shall be made except after consultation with the chief justice of the high court concerned:provided further that no appointment of a person under clause (iii) shall be made unless he has obtained a bachelor degree in law or an equivalent degree and has attained a minimum age of fifty years on the date of such appointment5(5) the authority for the centre shall have a secretariat consisting of a secretary-general and such other staff as may be decided by the central government36 the provisions of sections 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34 shall apply to the authority for the centre and shall have effect, subject to the following modifications, namely:—10(a) references to "authority" shall be construed as references to "authority for the centre";(b) references to "state government" shall be construed as references to "central government"; andapplication of certain provisions relating to authority for compensation disputes settlement to authority for the centre15(c) for the reference "any member" in sub-section (2) of section 26, the reference"any member except a sitting judge of a high court" shall be substituted 37 (1) in making the reference, the collector shall state for the information of the authority, in writing under his hand—collector's statement to the authority(a) the situation and extent of the land, with particulars of any trees, buildings or standing crops thereon;20(b) the names of the persons whom he has reason to think interested in such land;(c) the amount awarded for damages and paid or tendered under sections 5 and22, or either of them, and the amount of compensation awarded under section 12;(d) the amount paid or deposited under sub-section (4) of section 22; and25(e) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined (2) to the said statement shall be attached a schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by the parties interested respectively30service of notice38 the authority shall thereupon cause a notice specifying the day on which the authority will proceed to determine the objection, and directing their appearance before the authority on that day, to be served on the following persons, namely:—(a) the applicant;35(b) all persons interested in the objection, except such, if any, of them as have consented without protest to receive payment of the compensation awarded; and| (                                                                                               | c                                                                                | ) if the objection is in regard to the area of the land or to the amount of the   ||-------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------|-----------------------------------------------------------------------------------|| compensation, the collector                                                                    |                                                                                  |                                                                                   || 39                                                                                             | the scope of the enquiry in every such proceeding shall be restricted to a       |                                                                                   || consideration of the interest of the persons affected by the objection                         |                                                                                  |                                                                                   || 40                                                                                              |                                                                                  |                                                                                   || restriction on                                                                                  |                                                                                  |                                                                                   || scope of                                                                                        |                                                                                  |                                                                                   || proceedings                                                                                    |                                                                                  |                                                                                   || 40                                                                                             | every such proceeding shall take place in open hearing of the authority, and all |                                                                                   || persons entitled to practice in any civil court in the state shall be entitled to appear, plead |                                                                                  |                                                                                   || and act, as the case may be, in such proceeding                                                |                                                                                  |                                                                                   || proceedings                                                                                     |                                                                                  |                                                                                   || to be in open                                                                                   |                                                                                  |                                                                                   || hearings of                                                                                     |                                                                                  |                                                                                   || the authority                                                                                  |                                                                                  |                                                                                   || 45                                                                                              |                                                                                  |                                                                                   || 41                                                                                             | (                                                                                | 1                                                                                 || under this act, the authority shall take into consideration—                                    |                                                                                  |                                                                                   || matters to be                                                                                   |                                                                                  |                                                                                   || considered on                                                                                   |                                                                                  |                                                                                   || determining                                                                                     |                                                                                  |                                                                                   || compensation                                                                                   |                                                                                  |                                                                                   || first, the market-value of the land in the terms of section 14 on the date of the publication   |                                                                                  |                                                                                   || of the notification under section 4, sub-section (                                              | 1                                                                                | );                                                                                |secondly, the damage sustained by the person interested, by reason of the taking of any standing crops, trees which may be on the land at the time of the collector's taking possession thereof;5thirdly, the damage, if any sustained by the person interested, at the time of the collector's taking possesssion of the land, by reason of severing such land from his other land;fourthly, the damage, if any, sustained by the person interested, at the time of the collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings;10fifthly, if in consequence of the acquisition of the land by the collector, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change; and15sixthly, the damage, if any bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 7 and the time of the collector's taking possession of the land20(2) in addition to the market value of the land, as above provided, the authority shall in every case award an amount calculated at the rate of twelve per centum per annum on such market value for the period commencing on and from the date of the publication of the notification under section 4, sub-section (1), in respect of such land to the date of the award of the collector or the date of taking possession of the land, whichever is earlierexplanation— in computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any authority shall be excluded25(3) in addition to the market value of the land as above provided, the authority shall in every case award a sum of sixty per cent on such market value, in consideration of the compulsory nature of the acquisition42 the authority shall not take into consideration—first, the degree of urgency which has led to the acquisition;matters to be neglected in determining compensationsecondly, any disinclination of the person interested to part with the land acquired;30thirdly, any damage sustained by him which, if caused by a private person, would not render such person liable to a suit;fourthly, any damage which is likely to be caused to the land acquired, after the date of the publication of the declaration under section 7, by or in consequence of the use to which it will be put;35fifthly, any outlay or improvements on, or disposal of the land acquired, commenced, made or effected without the sanction of the collector after the date of the publication of the notification under section 4, sub-section (1); or40sixthly, any increase to the value of the land on account of its being put to any use, which is forbidden by law or opposed to public policy 43 the amount of compensation awarded by the authority shall not be less than theamount awarded by the collector under section 12amount of compensation awarded by authority not to be lower than the amount awarded by the collector forms of awards4544 (1) every award under this part shall be in writing signed by all the members of the authority having jurisdiction and shall specify the amount awarded under clause first of sub-section (1) of section 41, and also the amounts, if any, respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts5 of 1908(2) every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgment within the meaning of section 2, clause (2) and section 2, clause (9), respectively, of the code of civil procedure 19085costs45 (1) every such award shall also state the amount of costs incurred in theproceeding under this part, and by what persons and in what proportions they are to be paid10(2) when the award of the collector is not upheld, the cost shall ordinarily be paid by the collector, unless the authority is of the opinion that the claim of the applicant is so extravagant or that he is so negligent in putting his case before the collector that some deduction from his costs should be made or that he should pay a part of the collector's costs15collector may be directed to pay interest on excess compensation46 if the sum, which in the opinion of the authority the collector ought to have awarded as compensation is in excess of the sum which the collector did award as compensation, the award of the authority may direct that the collector shall pay interest on such excess at the rate of nine per centum per annum from the date on which he took possession of the land to the date of payment of such excess into authority:20provided that the award of the authority may also direct that where such excess or any part thereof  is paid into authority after the date of expiry of a period of one year from the date on which possession is taken, interest at the rate of fifteen per centum per annum shall be payable from the date of expiry of the said period of one year on the amount of such excess or part thereof which has not been paid into authority before the date of such expiry25re-determination of the amount of compensation on the basis on the award of the authority47 (1) wherein an award under this part, the authority allows to the applicant any amount of compensation in excess of the amount awarded by the collector under section 12, the persons interested in all the other land covered by the same notification under section 4, sub-section (1) and who are also aggrieved by the award of the collector may, notwithstanding that they had not made an application to the collector under section 23, by written application to the collector within three months from the date of the award of the authority require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the  authority:3035provided that in computing the period of three months within which an application to the collector shall be made under this sub-section, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded(2) the collector shall, on receipt of an application under sub-section (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and make an award determining the amount of compensation payable to the applicants40(3) any person who has not accepted the award under sub-section (2) may, by written application to the collector, require that the matter be referred by the collector for the determination of the authority and the provisions of sections 23 to 46 shall, so far as may be, apply to such reference as they apply to a reference under section 2348 where an award is pending or remains unsettled at any stage prior to the coming into force of this act then the amount of compensation payable to the entitled person may be determined on the basis of section 14 of this actdetermination of amount of compensation in pending or unsettled cases part vi45 apportionment of compensationparticulars of apportionment to be specified49 when there are several persons interested, if such persons agree in the apportionment of the compensation, the particulars of such apportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment50dispute as to apportionment50 when the amount of compensation has been settled under section 12, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof, is payable, the collector may refer such dispute to the decision of the authority part vii5 payment1051 (1) on making an award under section 12, the collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the next sub-sectionpayment of compensation or deposit of same in authority(2) if they shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the collector shall deposit the amount of the compensation in the authority to which a reference under section 23 would be submitted:15provided that any person admitted to be interested may receive such payment underprotest as to the sufficiency of the amount:provided also that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 23:20provided also that nothing herein contained shall affect the liability of any person,who may receive the whole or any part of any compensation awarded under this act, to pay the same to the person lawfully entitled thereto2552 (1) if any money is deposited in authority under sub-section (2) of the lastpreceding section and it appears that the land in respect whereof the same was awarded belonged to any person who had no power to alienate the same, the authority shall direct the payment of the interest in terms of section 53 to the person or persons who would for the time being have been entitled to the possession of the said land, from the date of possession until it shall have been so paidinvestment of money deposited in respect of lands belonging to person incompetent to alienate30(2) in all cases of money deposited to which this section applies, the authority shall order the payment by the collector of the costs of the orders for the payment of the interest and for the payment out of authority of the principal of such moneys, including therein all reasonable charges and expenses incident thereonpayment of interest3553 when the amount of such compensation is not paid or deposited on or before taking possession of the land, the collector shall pay the amount awarded with interest thereon at the rate of nine per centum per annum from the time of so taking possession until it shall have been so paid or deposited:provided that if such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen per centum per annum shall be payable from the date of expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry40 part viii temporary occupation of land45temporary occupation of waste or arable land54 (1) whenever it apears to the appropriate government that the temporary occupation and use of any waste or arable land are needed for any public purpose, the appropriate government may direct the collector to procure the occupation and use of the same for such term as it shall think fit, not exceeding three years from the commencement of such occupation(2) the collector shall thereupon give notice in writing to the persons interested in5such land of the purpose for which the same is needed, and shall, for the occupation and use thereof for such term as aforesaid, and for the materials, if any, to be taken therefrom, pay to them such compensation, either in a gross sum of money, or by monthly or other periodical payments, as shall be agreed upon in writing between him and such persons, respectively| (                                                                                            | 3                                                                                   | ) in case the collector and the persons interested differ as to the sufficiency of the   ||----------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------|| compensation or apportionment thereof, the collector shall refer such difference to the      |                                                                                     |                                                                                          || decision of the authority                                                                   |                                                                                     |                                                                                          || 10                                                                                           |                                                                                     |                                                                                          || 55                                                                                          | (                                                                                   | 1                                                                                        || making a reference under section 54, the collector may enter upon and take possession of     |                                                                                     |                                                                                          || the land, and use or permit the use thereof in accordance with the terms of the said notice |                                                                                     |                                                                                          || power to                                                                                     |                                                                                     |                                                                                          || enter and take                                                                               |                                                                                     |                                                                                          || possession and                                                                               |                                                                                     |                                                                                          || compensation                                                                                 |                                                                                     |                                                                                          || on                                                                                           |                                                                                     |                                                                                          || restoration                                                                                 |                                                                                     |                                                                                          || (                                                                                            | 2                                                                                   | ) on the expiration of the term, the collector shall make or tender to the persons       || interested compensation for the damage, if any, done to the land and not provided for by     |                                                                                     |                                                                                          || the agreement, and shall restore the land to the persons interested therein:                 |                                                                                     |                                                                                          || 15                                                                                           |                                                                                     |                                                                                          || provided that, if the land has become permanently unfit to be used for the purpose for       |                                                                                     |                                                                                          || which it was used immediately before the commencement of such term, and if the persons       |                                                                                     |                                                                                          || interested shall so require, the appropriate government shall proceed under this act to      |                                                                                     |                                                                                          || acquire the land as if it was needed permanently for a public purpose                       |                                                                                     |                                                                                          || 20                                                                                           |                                                                                     |                                                                                          || difference as                                                                                |                                                                                     |                                                                                          || to condition                                                                                 |                                                                                     |                                                                                          || of land                                                                                     |                                                                                     |                                                                                          || 56                                                                                          | in case the collector and persons interested differ as to the condition of the land |                                                                                          || at the expiration of the term, or as to any matter connected with the said agreement, the    |                                                                                     |                                                                                          || collector shall refer such difference to the decision of the authority                      |                                                                                     |                                                                                          | part ix miscellaneousservice of notices2557 (1) service of any notice under this act shall be made by delivering or tenderinga copy thereof signed, in the case of a notice under section 4, by the officer therein mentioned, and, in the case of any other notice, by or by order of the collector or the authority(2) whenever it may be practicable, the service of the notice shall be made on theperson therein named30(3) when such person cannot be found, the service may be made on any adult malemember of his family residing with him; and, if no such adult male member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the collector or in the building housing the authority, and also in some conspicuous part of the land to be acquired:35provided that if the collector or the authority so direct, a notice may be sent by post,in a letter addressed to the person named therein at his last known residence, address or place of business and registered under sections 28 and 29 of the indian post office act, 1898, and service of it may be proved by the production of the addressee's receipt6 of 189840penalty for obstructing acquisition of land58 whoever willfully obstructs any person in doing any of the acts authorized bysection 4 or section 9, or willfully fills up, destroys, damages or  displaces any trench or mark  made under section 5, shall, on conviction before a magistrate, be liable to imprisonment for a term not exceeding one month, or with fine  not exceeding five thousand rupees, or both45magistrate to enforce surrender59 if the collector is opposed or impeded in taking possession under this act of anyland, he shall, if a magistrate, enforce the surrender of the land to himself, and if not a magistrate, he shall apply to a magistrate or to the commissioner of police, and such magistrate or commissioner, as  the case may be, shall enforce the surrender of the land to the collector60  (1) except in the case provided for in section 55, the government shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken5completion of acquisition not compulsory, but compensation to be awarded when not completed10(2) whenever the government withdraws from any such acquisition or the collector does not make an award under section 12 within a period of one year from the date of publication of declaration under section 7 of this act or within a period of one year from the commencement of this act, in cases of declaration published under section 6 of the land acquisition act, 1894, as the case may be, the collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this act relating to the said land(3) the provision of part iii of this act shall apply, so far as may be, to the determination of the compensation payable under this section15acquisition of part of house or building61 (1) the provisions of this act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building shall be so acquired:20provided that if any question arises as to whether any land proposed to be taken under this act does or does not form part of a house, manufactory or building within the meaning of this section, the collector shall refer the determination of such question to the authority and shall not take possession of such land until after the question has been determined:provided also that in deciding on such a reference, the authority shall have due regard to the question whether the land proposed to be taken, is reasonably required for the full and unimpaired use of the house, manufactory or building25(2) if, in the case of any claim under section 41, sub-section (1), thirdly, by a personinterested, on account of the severing of the land to be acquired from his other land, the appropriate government is of opinion that the claim is unreasonable or excessive, it may, at any time before the collector has made his award, order the acquisition of the whole of the land of which the land first sought to be acquired forms a part30(3) in the case last hereinbefore provided for, no fresh declaration or other proceedingsunder sections 7 to 11, both inclusive, shall be necessary; but the collector shall without delay furnish a copy of the order of the appropriate government to the person interested, and shall thereafter proceed to make his award under section 123562 (1) where the provisions of this act are put in force for the purpose of acquiringland at the cost of any fund controlled or managed by a local authority, the charges of and incidental to such acquisition shall be defrayed from or by such fundacquisition of land at cost of a local authority(2) in any proceeding held before a collector or authority in such cases the localauthority concerned may appear and adduce evidence for the purpose of determining the amount of compensation:40provided that no such local authority shall be entitled to demand a reference undersection 23exemption from stamp duty and fees63 no award or agreement made under this act shall be chargeable with stamp duty,and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same4516 of 1908acceptance of certified copy as evidence64 in any proceeding under this act, a certified copy of a document registered underthe registration act, 1908, including a copy given under section 57 of that act, may be accepted as evidence of the transaction recorded in such document5065 no suit or other proceeding shall be commenced or prosecuted against anyperson for anything done in pursuance of this act, without giving to such person a month's previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient amendsnotice in case of suits for anything done in pursuance of act5 of 190866 save in so far as they may be inconsistent with anything contained in this act, the provisions of the code of civil procedure, 1908, shall apply to all proceedings before the authority under this actcode of civil procedure to apply to proceedings before authority5 of 19085appeals in proceedings before court5 of 19081067 subject to the provisions of the code of civil procedure, 1908, applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this act to the high court from the award, or from any part of the award, of the authority and from any decree of the high court passed on such appeal as aforesaid, an appeal shall lie to the supreme court subject to the provisions contained in section 109 of the code of civil procedure, 1908, and in order xlv thereof68 (1) the land acquired under this act shall not be transferred to any other purpose except for a public purpose, and after obtaining the prior approval of the appropriate governmentutilization of land for the purpose it is acquired15(2) when any land or part thereof, acquired under this act remains unutilized for a period of five years from the date of taking over the possession, the same shall return to the the erstwhile owner or owners of the land on payment of compensation received(3) an application together with the proof of deposit of compensation received under sub-section (2) shall be filed before the collector within a period of one year from the date of expiring of period of five years referred to in sub-section (2):20provided that after receiving such application the collector shall ensure the reversalof title and possession to the erstwhile owner within a period of six month from the date of receipt of such application2569 whenever any land acquired under this act is transferred to any person for a consideration, eighty per cent of  the difference in the acquisition cost and the consideration received, which in no case shall be less than the acquisition cost, shall be shared amongst the persons from whom the lands were acquired or their heirs, in proportion to the value at which the lands were acquired, and for the purpose, a separate fund may be maintained which shall be administered by the collector in such manner as may be prescribedsharing of difference of cost of acquisition and consideration received by transfer of the land 70 (1) the land acquisition act, 1894, is hereby repealedrepeal and savings30(2) notwithstanding the repeal of the land acquisition act, 1894, anything done orany action taken under the said act shall, in so far as such thing or action is not inconsistent with the provisions of this act, be deemed to have been done or taken under the provisions of this act and shall continue in force accordingly until superseded by anything done or any action taken under this act35power to make rules71 (1) the appropriate government may, by notification in the official gazette, makerules for carrying out the purposes of this act40(2) every rule made under this act by the central government shall be laid, as soon asmay be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule45(3) every rule made by the state government under this act shall be laid, as soon asmay be after it is made, before the state legislature statement of objects and reasonsthe 'land acquisition act' was enacted by the british in the year 1894 with the express purpose of compulsory acquisition of privately held property/land by the state after independence in 1947, the government of india adopted the land acquisition act of 1894 as a tool for regulating land acquisition though various amendments have been made to the act from time to time,  the administrative procedure and the parameters for determining the compensation still remain almost the same the owner of the property has no bargaining power with the state in such circumstances nor does he have any say in the process of determination of compensationthe definition of  "public purpose" under the act has been  so inclusive and ambiguous that anything and everything can be acquired under this heading for any purpose the instances of acquisition of private land by the central government and various state governments for the activities carried on by private individuals or by the public authorities for a distinct profit motive are not uncommon if any land is acquired for making bridges, hospitals or other buildings for public use, then it can be called 'public purpose' but if the land is handed over to private parties to develop plots, golf courses, buildings, etc for profit, it cannot be called public purposethe very basis of determining compensation is flawed since it is titled against the interest of the landowner to fix the compensation on the lower side since the compensation fixed is always significantly lower than its potential value, there has always been the tendency to acquire land and to use the same to make profits by allotting to the private individuals or public authorities while determining compensation, the purpose of acquisition is never taken into consideration in almost all cases of land acquisition in the past, the compensation awarded has been found grossly inadequate and the issues relating to inadequate compensation have given rise to serious problems of law and order and in large number of cases leading to loss of life and property inadequate compensation compels the farmer to approach judicial forums, which puts him under costly, prolonged, and unending litigation delays in awarding compensation are also a common feature, which not only have led to loss of livelihood but also immense economic burdens and mental agony to the affected familiesindia is a country of 12 billion people and food and livelihood security for all is of paramount importance the indiscriminate acquisition of vast tracts of most fertile land adversely affect the food security the land acquisition act, 1894 does not take into account such concerns in the name of urgency,  millions of farmers have been arbitrarily deprived of their land since independence for the execution of so called urgent projects though, in some cases it took decades to initiate work on these projects on the acquired landthe focus on inclusive growth models and a desired growth in agriculture has come to the fore with the emergence of inflation and food security as major challenges before the nation as in an equitable society there is no sanctity and primacy of private interest over the general interest of the community, this must be reflected in the laws of the land it is, therefore, suggested that the land acquisition act, 1894 has lived its life and deserves to be immediately repealed the 1894  act must be substituted by a more pragmatic, progressive, unambiguous and comprehensive law wherein the acquisition must pass the scrutiny of the test of real public purpose which is founded on the doctrine of superior claims of whole community and not for making profit by the private individuals or public authorities the proposed law must provide clear and consistent compensation rules and the state at the time of acquiring land must also take into consideration the purpose of acquisition while fixing quantum of compensation the bill seeks to protect our fertile agricultural land resource and the interests of the landowners to enable growth in agriculture, ensure food and livelihood security and sustainable developmentnew delhi;jayant chaudharyapril 26, 2010 president's  recommendation  under  article 117(1), 274(1) and 117(3) of the constitution[copy of letter no 1105/07/2010-lrd dated 14th march, 2011 from shri vilasrao deshmukh, minister of rural development and minister of panchyati raj to the secretary- general, lok sabha]the president, having been informed of the subject matter of the land acquisition bill,2011 by shri jayant chaudhary, mp, recommends its introduction under articles 117(1) and 274(1) and consideration under article 117(3) of the constitution in lok sabha financial memorandumclause 5 provides for payment for damages by the officer so authorized by the appropriate government clause 24 provides for the establishment of land acquisition compensation disputes settlement authority for providing speedy disposal of disputes relating to land acquisition and compensation clause 35 of the bill provides that the central government shall, by notification, establish one or more authorities to be known as the land acquisition compensation disputes settlement authority to exercise jurisdiction, powers and authority conferred on it by or under this act with regard to the acquisition of land by the central government, for  the purpose of providing speedy disposal of disputes relating to land acquisition compensation clause 46 provides that the authority may direct the collector to pay interest in case the compensation awarded was less than what should have been awarded clause 51 provides for payment of compensation to the persons interested clause 53 provides for payment of interest on compensation amount in such cases where possession  of  land was undertaken before payment of compensation the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india the expenditure relating to states shall be borne out of the consolidated funds of the respective states while the expenditure relating to union territories shall be borne out of the consolidated fund of indiathe exact expenditure, which will be involved under the proposed bill, will depend upon the composition of the above mentioned authority, which will be decided after the bill is passed hence, it is not practicable to make an exact estimate of the recurring and nonrecurring expenditure for the purpose at this stage however, it is likely to involve a recurring expenditure of about rupees three hundred crore a non-recurring expenditure of about rupees four hundred and fifty crore is also likely to be involved memorandum  regarding  delegated  legislationclause 71 of the bill empowers the appropriate government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative  power is of a normal character———————— a billto consolidate and amend the law relating to acquisition of land for public purposes————(shri jayant chaudhary, mp)