Part VI - Compensation, Offences, Penalties and Miscellaneous Provisions

 

APPORTIONMENT OF COMPENSATION – S. 75 AND S. 76 

 

• Apportionment of Compensation shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment.

• In case of any dispute in relation to apportionment of compensation, the Collector may refer such disputes to the Authority.

 

PAYMENT OF COMPENSATION – S. 77

 

• On making an award under section 30, 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 by depositing the amount in their bank accounts.

• If the person entitled to compensation 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 64 would be submitted.

• Any person admitted being interested may receive such payment under protest as to the sufficiency of the amount.

• No person who has received the amount otherwise than under protest shall be entitled to make any application under sub-section (1) of section 64.

 

INVESTMENT OF MONEY DEPOSITED IN RESPECT OF LANDS – S. 78

 

• If any money is deposited in the Authority where there is no person competent to alienate the land, the Authority shall either order the money to be invested in purchase of other similar lands or purchase government securities if such investment cannot be made.

• Proceeds of such investment shall be given to persons absolutely entitled to such land.

 

INVESTMENT OF MONEY DEPOSITED IN OTHER CASES – S. 79

 

• When any money is deposited under S. 78, the Authority may order the same to be invested in the Government or securities and pay in such a manner to provide the benefit to the persons interested.

 

PAYMENT OF INTEREST – S. 80

 

• When the Compensation amount is not paid or deposited before taking possession of land, the Collector shall pay the amount awarded with interest @ 9% per annum from the time of taking possession.

• If the Compensation is not deposited within one year, then interest @ 15% per annum shall be payable.

 

TEMPORARY OCCUPATION OF LAND – S. 81

 

• If the Government thinks that temporary occupation of any land is required for public purpose, the Collector may procure occupation of such land for use for a period not exceeding three years.

• Notice shall have to be given to the affected person and compensation will have to be given as agreed in writing.

 

POWER TO TAKE POSSESSION – S. 82 

 

• If temporary occupation of a land is required, then it may be taken by the Collector at any stage by giving a notice and paying compensation. 

• If the land becomes unusable to the original owner, the Government may acquire the land under this provision as if it was a needed permanently for public purpose. 

 

OFFENCES AND PENALTIES – S. 84 TO S. 90 

 

• Any person who provides false or misleading information or document shall be liable to be punished with an imprisonment of either description up to six months or with a maximum fine of Rs. 1 Lakh or both. (S.84) 

• Any benefit under the Act procured through a false claim or fraud shall be liable to be recovered. (S.84) 

• Any government servant who takes any mala fide action will be liable to punishment and disciplinary proceedings. (S.84) 

• If any provision of the Act is contravened by any person, then punishment ranging from six months to three years along with fine may be imposed. (S.85) 

• If any Company commits an offence under the Act, then the person in charge and responsible for conduct of affairs of the Company shall be deemed to be guilty. 

• To seek exoneration, such person shall have to prove that the offence was committed without his knowledge, and he had exercised due diligence. (S. 86)

• When any offence has been committed by a Government Department, the Head of the Department, shall be deemed to have been liable. (S. 87) 

• Such person may prove that the offence was committed without his knowledge and that he had exercised all the due diligence. (S. 87) 

• The offences under the Act shall be triable by Judicial Magistrate of First Class. 

• Such offences are non-cognizable. 

• If offence is alleged against a Requiring Body, its cognizance can be taken only on a written complaint made by the Collector or the affected family. 

 

MISCELLANEOUS PROVISIONS – S. 91 TO S. 114

 

• If the Collector faces problems in taking over of possession of the land, he may approach the Magistrate or the Commissioner of Police, for enforcing surrender (S.91).

• The Government may withdraw from land acquisition at any time but compensation and costs for the damages suffered due to land acquisitions proceedings shall be paid. (S. 93)

• In case, only a part of a building or a house is required for acquisition, it may be done so only with the consent of the owner and in case of non-consent, whole building is to be acquired. (S. 94)

• In case of dispute, whether a land forms the part of a house, or a building shall be determined by the LA Authority.

• No income tax or stamp duty or fee shall be levied on any award or agreement made under this Act. (S. 96)

• No suit or other proceeding shall be commenced against any person for anything done in pursuance of this Act, without giving to such person a months’ previous notice in writing. (S. 98)

• Where any land remains unutilized for a period of five years from the date of taking over of possession, the same shall be returned to the landowner and if the landowner cannot be traced, to a Land Bank set up by the Government. (S. 101)

• Whenever land ownership is transferred to any person for a consideration, without any development, then 40% of the appreciated land value shall be shared amongst the original landowners in relation to lands acquired within five years from the date of acquisition. (S. 102)

• The provisions of this Act shall be in addition to and not in derogation of, any other law for the time being in force. (S. 103)

•  The Government instead of acquiring a land may also take the land on lease.

• State Governments are free to formulate beneficial policies for land acquisition that provide better compensation and entitlements to the concerned persons (S. 107 and 108).

• By virtue of S. 114, the Land Acquisition Act, 1894, has been repealed.