law: Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 
  3. Definitions
  In this Act, unless
  
  the context otherwise requires,—
  a.     
  
    “Administrator”
  
  means an officer appointed for the purpose of rehabilitation and resettlement
  
  of affected families under sub-section (1) of section 44;
  b.    
  
    “affected
  
  area” means such area as may be notified by the appropriate Government for the
  
  purposes of land acquisition;
  c.     
  
    “affected
  
  family” includes—
               
  
   i.        
  
    a
  
  family whose land or other immovable property has been acquired;
  a
  
  family which does not own any land but a member or members of such family may
  
  be agricultural labourers, tenants including any form of tenancy or holding of
  
  usufruct right, share-croppers or artisans or who may be working in the
  
  affected area for three years prior to the acquisition of the land, whose
  
  primary source of livelihood stand affected by the acquisition of land;
             
  
   iii.        
  
    the
  
  Scheduled Tribes and other traditional forest dwellers who have lost any of
  
  their forest rights recognised under the Scheduled Tribes and Other Traditional
  
  Forest Dwellers (Recognition of Forest Rights) Act, 2006 due to acquisition of
  
  land;
             
  
   iv.        
  
    family
  
  whose primary source of livelihood for three years prior to the acquisition of
  
  the land is dependent on forests or water bodies and includes gatherers of
  
  forest produce, hunters, fisher folk and boatmen and such livelihood is
  
  affected due to acquisition of land;
              
  
   v.        
  
    a
  
  member of the family who has been assigned land by the State Government or the
  
  Central Government under any of its schemes and such land is under acquisition;
             
  
   vi.        
  
    a
  
  family residing on any land in the urban areas for preceding three years or
  
  more prior to the acquisition of the land or whose primary source of livelihood
  
  for three years prior to the acquisition of the land is affected by the
  
  acquisition of such land;
  a.    
  
  
  b.    
  
  
  c.    
  
  
  d.    
  
   “agricultural
  
  land” means land used for the purpose of—
               
  
   i.        
  
    agriculture
  
  or horticulture;
  dairy
  
  farming, poultry farming, pisciculture, sericulture, seed farming breeding of
  
  livestock or nursery growing medicinal herbs;
             
  
   iii.        
  
    raising
  
  of crops, trees, grass or garden produce; and
             
  
   iv.        
  
    land
  
  used for the grazing of cattle;
  a.     
  
  
  b.     
  
  
  c.     
  
  
  d.     
  
  
  e.     
  
   “appropriate
  
  Government” means,—
               
  
   i.        
  
    in
  
  relation to acquisition of land situated within the territory of, a State, the
  
  State Government;
  in
  
  relation to acquisition of land situated within a Union territory (except
  
  Puducherry), the Central Government;
             
  
   iii.        
  
    in
  
  relation to acquisition of land situated within the Union territory of
  
  Puducherry, the Government of Union territory of Puducherry;
             
  
   iv.        
  
    in
  
  relation to acquisition of land for public purpose in more than one State, the
  
  Central Government, in consultation with the concerned State Governments or
  
  Union territories; and
              
  
   v.        
  
    in
  
  relation to the acquisition of land for the purpose of the Union as may be
  
  specified by notification, the Central Government:
  Provided that in
  
  respect of a public purpose in a District for an area not exceeding such as may
  
  be notified by the appropriate Government, the Collector of such District shall
  
  be deemed to be the appropriate Government;
  a.     
  
  
  b.     
  
  
  c.     
  
  
  d.     
  
  
  e.     
  
  
  f.     
  
  
  f.     
  
    “Authority”
  
  means the Land Acquisition and Rehabilitation and Resettlement Authority
  
  established under section 52;
  g.    
  
    “Collector”
  
  means the Collector of a revenue district, and includes a Deputy Commissioner
  
  and any officer specially designated by the appropriate Government to perform
  
  the functions of a Collector under this Act;
  h.     
  
   “Commissioner”
  
  means the Commissioner for Rehabilitation and Resettlement appointed under
  
  sub-section (1) of section 45;
  i.      
  
    “cost
  
  of acquisition” includes—
               
  
   i.        
  
    amount
  
  of compensation which includes solatium, any enhanced compensation ordered by
  
  the Land Acquisition and Rehabilitation and Resettlement Authority or the Court
  
  and interest payable thereon and any other amount determined as payable to the
  
  affected families by such Authority or Court;
  demurrage
  
  to be paid for damages caused to the land and standing crops in the process of
  
  acquisition;
             
  
   iii.        
  
    cost
  
  of acquisition of land and building for settlement of displaced or adversely
  
  affected families;
             
  
   iv.        
  
    cost
  
  of development of infrastructure and amenities at the resettlement areas;
              
  
   v.        
  
    cost
  
  of rehabilitation and resettlement as determined in accordance with the
  
  provisions of this Act;
             
  
   vi.        
  
    administrative
  
  cost,—
  A.     for acquisition of
  
  land, including both in the project site and out of project area lands, not
  
  exceeding such percentage of the cost of compensation as may be specified by
  
  the appropriate Government;
  B.     for rehabilitation
  
  and resettlement of the owners of the land and other affected families whose
  
  land has been acquired or proposed to be acquired or other families affected by
  
  such acquisition;
            
  
   i.        
  
  
            
  
   ii.        
  
  
            
  
   iii.        
  
  
            
  
   iv.        
  
  
            
  
   v.        
  
  
            
  
   vi.        
  
  
            
  
   vii.        
  
    cost
  
  of undertaking ‘Social Impact Assessment study’;
  g.      
  
  
  h.      
  
  
  i.      
  
  
  j.      
  
   “company”
  
  means—
               
  
   i.        
  
    a
  
  company as defined in section 3 of the Companies Act, 1956, other than a
  
  Government company;
  a
  
  society registered under the Societies Registration Act, 1860 or under any
  
  corresponding law for the time being in force in a State;
  a.     
  
  
  b.     
  
  
  c.     
  
  
  d.     
  
  
  e.     
  
  
  f.     
  
  
  g.     
  
  
  h.     
  
  
  i.     
  
  
  j.     
  
  
  k.     
  
   “displaced
  
  family” means any family, who on account of acquisition of land has to be
  
  relocated and resettled from the affected area to the resettlement area;
  l.      
  
   “entitled
  
  to act”, in relation to a person, shall be deemed to include the following
  
  persons, namely:—
               
  
   i.        
  
    trustees
  
  for other persons beneficially interested with reference to any such case, and
  
  that to the same extent as the person beneficially interested could have acted
  
  if free from disability;
              
  
   ii.        
  
    the
  
  guardians of minors and the committees or managers of lunatics to the same
  
  extent as the minors, lunatics or other persons of unsound mind themselves, if
  
  free from disability, could have acted:
  Provided that 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; and
  a.   
  
  
  b.   
  
  
  c.   
  
  
  d.   
  
  
  e.   
  
  
  f.   
  
  
  g.   
  
  
  h.   
  
  
  i.   
  
  
  j.   
  
  
  k.   
  
  
  l.   
  
  
  m.   
  
   “family”
  
  includes a person, his or her spouse, minor children, minor brothers and minor
  
  sisters dependent on him:
  Provided that widows,
  
  divorcees and women deserted by families shall be considered separate families;
  Explanation.—An adult
  
  of either gender with or without spouse or children or dependents shall be
  
  considered as a separate family for the purposes of this Act.
  a.     
  
  
  b.     
  
  
  c.     
  
  
  d.     
  
  
  e.     
  
  
  f.     
  
  
  g.     
  
  
  h.     
  
  
  i.     
  
  
  j.     
  
  
  k.     
  
  
  l.     
  
  
  m.     
  
  
  n.     
  
    “holding
  
  of land” means the total land held by a person as an owner, occupant or tenant
  
  or otherwise;
  o.    
  
    "infrastructure
  
  project" shall include any one or more of the items specified in clause
  
  (b) of sub-section (1) of section 2;(p) “land” includes benefits to arise out
  
  of land, and things attached to the earth or permanently fastened to anything
  
  attached to the earth;
  p.    
  
    “landless”
  
  means such persons or class of persons who may be,—
               
  
   i.        
  
    considered
  
  or specified as such under any State law for the time being in force; or
  in
  
  a case of landless not being specified under clause (a), as may be specified by
  
  the appropriate Government;
  a.      
  
  
  b.      
  
  
  c.      
  
  
  d.      
  
  
  e.      
  
  
  f.      
  
  
  g.      
  
  
  h.      
  
  
  i.      
  
  
  j.      
  
  
  k.      
  
  
  l.      
  
  
  m.      
  
  
  n.      
  
  
  o.      
  
  
  p.      
  
  
  q.      
  
  
  r.      
  
    “land
  
  owner” includes any person,—
               
  
   i.        
  
    whose
  
  name is recorded as the owner of the land or building or part thereof, in the
  
  records of the authority concerned; or
  any
  
  person who is granted forest rights under the Scheduled Tribes and Other Traditional
  
  Forest Dwellers (Recognition of Forest Rights) Act, 2006 or under any other law
  
  for the time being in force; or
             
  
   iii.        
  
    who
  
  is entitled to be granted Patta rights on the land under any law of the State
  
  including assigned lands; or
             
  
   iv.        
  
    any
  
  person who has been declared as such by an order of the court or Authority;
  a.     
  
  
  b.     
  
  
  c.     
  
  
  d.     
  
  
  e.     
  
  
  f.     
  
  
  g.     
  
  
  h.     
  
  
  i.     
  
  
  j.     
  
  
  k.     
  
  
  l.     
  
  
  m.     
  
  
  n.     
  
  
  o.     
  
  
  p.     
  
  
  q.     
  
  
  r.     
  
  
  s.     
  
    “local
  
  authority” includes a town planning authority (by whatever name called) set up
  
  under any law for the time being in force, a Panchayat as defined in article
  
  243 and a Municipality as defined in article 243P, of the Constitution;
  t.      
  
    “marginal
  
  farmer” means a cultivator with an un-irrigated land holding up to one hectare
  
  or irrigated land holding up to one-half hectare;
  u.     
  
    “market
  
  value” means the value of land determined in accordance with section 26;
  v.     
  
    “notification”
  
  means a notification published in the Gazette of India or, as the case may be,
  
  the Gazette of a State and the expression “notify” shall be construed
  
  accordingly;
  w.    
  
    “patta”
  
  shall have the same meaning as assigned to it in the relevant Central or State
  
  Acts or rules or regulations made there under;
  x.     
  
    “person
  
  interested” means—
               
  
   i.        
  
    all
  
  
  
  persons claiming an interest in compensation to be made on account of the
  
  acquisition of land under this Act;
  the
  
  Scheduled Tribes and other traditional forest dwellers, who have lost any
  
  forest rights recognised under the Scheduled Tribes and Other Traditional
  
  Forest Dwellers (Recognition of Forest Rights) Act, 2006;
             
  
   iii.        
  
    a
  
  person interested in an easement affecting the land;
             
  
   iv.        
  
    persons
  
  having tenancy rights under the relevant State laws including share-croppers by
  
  whatever name they may be called; and
              
  
   v.        
  
    any
  
  person whose primary source of livelihood is likely to be adversely affected;
  a.     
  
  
  b.     
  
  
  c.     
  
  
  d.     
  
  
  e.     
  
  
  f.     
  
  
  g.     
  
  
  h.     
  
  
  i.     
  
  
  j.     
  
  
  k.     
  
  
  l.     
  
  
  m.     
  
  
  n.     
  
  
  o.     
  
  
  p.     
  
  
  q.     
  
  
  r.     
  
  
  s.     
  
  
  t.     
  
  
  u.     
  
  
  v.     
  
  
  w.     
  
  
  x.     
  
  
  y.     
  
    “prescribed”
  
  means prescribed by rules made under this Act;
  z.     
  
    “project”
  
  means a project for which land is being acquired, irrespective of the number of
  
  persons affected;
  za.   
  
    “public
  
  purpose” means the activities specified under sub-section (1) of section 2;
  zb.  
  
    “Requiring
  
  Body” means a company, a body corporate, an institution, or any other
  
  organisation or person for whom land is to be acquired by the appropriate
  
  Government, and includes the appropriate Government, if the acquisition of land
  
  is for such Government either for its own use or for subsequent transfer of
  
  such land in for public purpose to a company, body corporate, an institution,
  
  or any other organisation, as the case may be, under lease, licence or through
  
  any other mode of transfer of land;
  zc.   
  
    “Resettlement
  
  Area” means an area where the affected families who have been displaced as a
  
  result of land acquisition are resettled by the appropriate Government;
  zd.  
  
    "Scheduled
  
  Areas" means the Scheduled Areas as defined in section 2 of the Provisions
  
  of the Panchayats (Extension to the Scheduled Areas) Act, 1996;
  ze.   
  
   “small
  
  farmer” means a cultivator with an un-irrigated land holding up to two 
  
  hectares or with an irrigated land holding up to one hectare, but more than the
  
  holding of a marginal farmer