Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Act, 2014
The Government of Tamil Nadu, Law Department, published Act Number 1 of 2015 on January 5, 2015, after it was enacted by the Tamil Nadu Legislative Assembly and received the President's assent on January 1, 2015. The Act amends the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for Tamil Nadu by creating special treatment for land acquired under three listed Tamil Nadu enactments, and it is deemed to have taken effect on January 1, 2014.
What the Act changes
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Act, 2014 applies throughout Tamil Nadu. It inserts section 105-A and a Fifth Schedule into the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Section 105-A provides that, subject to the notification process described in the Act, the provisions of the 2013 Act do not apply to land acquisitions governed by the Tamil Nadu enactments listed in the new Fifth Schedule.
Land acquisitions covered
The Fifth Schedule lists these Tamil Nadu enactments:
- The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978.
- The Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997.
- The Tamil Nadu Highways Act, 2001.
Owners, buyers and affected families should therefore check whether an acquisition is being carried out under one of these three enactments. That determines whether the special framework introduced by Act Number 1 of 2015 is relevant to the property.
Compensation and rehabilitation protections
The Government of Tamil Nadu must issue a notification directing that beneficial provisions of the 2013 Act apply to acquisitions under the three listed enactments. The notification may cover:
- Determination of compensation in accordance with the First Schedule.
- Rehabilitation and resettlement under the Second and Third Schedules.
- Exceptions or modifications specified by the Government of Tamil Nadu.
Any exceptions or modifications cannot reduce compensation or dilute the provisions concerning compensation, rehabilitation or resettlement. The Act requires the notification to be made within one year from the commencement of the amendment.
Legislative Assembly review
A proposed notification concerning compensation, rehabilitation or resettlement must first be placed in draft before the Tamil Nadu Legislative Assembly. If the Legislative Assembly disapproves it, the notification cannot be issued. If the Legislative Assembly agrees to modifications, the notification may be issued only in the modified form approved by it.
Effective date
The amendment extends to the whole of Tamil Nadu and is deemed to have come into force on January 1, 2014. The Tamil Nadu Government Gazette published it on January 5, 2015, following presidential assent on January 1, 2015.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does this amendment apply throughout Tamil Nadu?
Yes. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Act, 2014 extends to the whole State of Tamil Nadu.
Which types of Tamil Nadu land acquisition are listed?
The Fifth Schedule lists acquisitions under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, and the Tamil Nadu Highways Act, 2001.
Can a government notification reduce compensation under the amendment?
No. Any exceptions or modifications in the notification cannot reduce compensation or dilute provisions relating to compensation, rehabilitation or resettlement.
When did Act Number 1 of 2015 take effect?
The Act is deemed to have come into force on January 1, 2014. It received the President's assent on January 1, 2015 and was published in the Tamil Nadu Government Gazette on January 5, 2015.
