Union Government, Extraordinary, 2008-01-31, Part II-Section 1, Ref. 2 of 2008

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by  Government of India

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MONISTAY OF LAW AND JUSTICE
‘egisallve Depercmeet)
‘Noe Bath the Sat January, 00H Mega 11, 1928 Saka)

THE RAILWAYS (AMENDMENT) ORDINANCE, 2008
1Na,2 052008

Promulgated by the President in the Fifty-ninth Year of the
Republic of India,

An Ondinance forther t amend the Railways Act, 1989.

WHEREAS Parliament is not in séssion and the President ie
sailsfled that the cirimetances exist which render it necessary for her
to take immediate action.

NOW, THEREKORE, in exercise of te powers conferred by clause

(0) of article 123 of tke Constitution, the President is pleased to
promulgate the following Ordinance—

1L (1) This Ordinance siay-be éalled the Railways (Amendment) Shoe nd
Ordinance, 2008 commana
{@)Itehall come int force at once

Mot 2, In scetlon 2 of the Railways Act, 1989 (hereinatter referred tm as Atwidmentof
the prinelpal Ac), — elon

+ (a) after clause (7), the folowing clause shall he inserted, namely-—

l
Je ca7Er1E OF NOM EXTRAORDINARY feel

“(7A) “competent authority” means any person authorised
by the Centra} Government, by notification, to pecform the
functions of the competent authority for such area as may Ue
spevfied in the notification” ;

() after clause 29), the follewing clause shall be inserted,
namely—

" (29) "person interested” Includes, —

(@ all persons claiming an interest in compensation ta be
_made on account of the scquisition of land under this Act:

i) tribals and other traditional forest dweller, who have lost
any Gaditianal tights recognized under the Scheduled Tribes andl

2otaar Other Traditional Forest Dwellers (Recognition af Forest Rights)
At, 2006;

Gil)» person interested in an easement affecting the land: and

‘Ay) persone having tenancy rights under the relevant State
laws

(6) after clause (37), the following clause shall be inserted,
namely: —

“R7A) “special railway project” means « project. ntified a
such by the Central Government from lime te time, for
providing natinnal Infrastructure for @ public purpace in a
apecified time-frame, covering one or more Siates ar the Union
territories’

3. After Chepler IV of the pelneipal Act, te following Chapter
shall be ingerted,

‘CHAPTER 1VA
LAND ACQUISITION FOR A SPECIAL RAILWAY PROJECT

20A, (1) Where the Central Government [s satisfied that far a
public purpose any land is sequired for execution of a special
railway project it may, by notification, declare ite intention to
acquite such land,

@) Every notification under sub-section (1) shall give a brief
eseription of the land and of the special rallway project far wich
the land is intended to be acquired,

Staptersva

Pawartoarquie
Ton
aot

sel “THE GAZETTE OF INDIA EXTRAORDINARY.

{G) The State Government or the Union territory, as the ease
may be shall forthe parposts ofthis section, provide the details of
the land records tothe competent authority, whenever required.

(d) | The'éompetent authority shall cause the aubstance of the
notlfication ta be published In two locel newspapers, one of which
shall be ina verhacular language.

208, Gn the isste of 2 notification under. sub-section (1) of
section 20A, it shall be lawful for any person, authorised by the
‘competent authority inthis behalf, o—

Power tanta or
voy ot

4a) make any inspiction, survey, feasurernent, valuation oF -

enqury

(b) Take teva

{9 digor bore tno subssel;

{a) sot out boundaries and intended lines of work

{e) mark such levels, boundaees and fines pacing marks
and cutting benches or

1 do atch other acta or things a8 mey be considered
necessary by he competent authority

TOC. The damages caused while carrying oll works on land
such as survey, dlgging oF boring subil, marking boundaries or
cating tenches of clearing away any standing cop, fence or forest
tr dolng such other acts or things which may esuse damages while
fering under section 208 paticulaly relating to land which is
excluded. from acquisition proceeding, shall be evaluated and
ompensotion shel be Paid fo the persone having interest in that
Jana, within sie month fom Eke completion of tie sid works

200. (1) Any person interested in the lane may, within a period
of thirty days from the date of publication of the notification under
sub-section (1) of section 202, object so tie acquisition of land for
the purpose mentioned Ln thet sub-section

(2) Bvery objection under sub-section (1), shal Re rade tothe
competent authority in writing, and shall sat out the grounds
thereof and the competent suthorty shelh give the objettor an
opporwaity of being heard, eilber in pesoon or by legal
practitioner, and aay, after hearing all sch objections and after
Inaking such farther enquiry, F any, a6 the competent authority
thinks neceesty, by ocdet, cer alle or disallow the abections

Explanation. For the purposes of thls sub-section, “legal
pencifioned” has the same meaning as in clause 6) of sub-section
(1 of seétign 2 of the Advocates Act 1961

Evaluation of
‘damages ig,
sieve
teamiterent ele

esting
bene te
4 THE GAETTE OF INDIA EXTRAORDINARY. Ragu

(S) Any order made by the competent authority under sub-
section (2) shall be final.

{2) On the publication ofthe declration under sub-section (1)
the land shall vest absolutely in the Central Government free fron
aif encumbrances. ”

(3) Where in respect of any fond, a notification has been
published under sub-section {1) of section 20A for its acquisition,
‘but rio declaration under sub-section (1) af this section hax been
Published within a perlod of one year from the date of publication
tf that notification, the said notification shall cease to have any
fect:

Provided thst in computing the sald period of one year, the
period during which any action or proceedings to be taken in
Pursuance of the notification iseued ander anb-section (1) of
‘ection 20/ is stayed by an order of a court shall be excluded.

(4) A declaration made by the Central Governmen| under sub-
section (1) shalt not be called in question in any court or by any
ther authority,

20. (1) Where any land is acquired under this Act, there shall
be paid an amount which shall be determined by an order of the
competent authority

2) The competent authority shall make an award onder this
section within a pertod of one year from the date af the publication
vf the declaration and if no award is made within that periad, the
‘entire proceedings forthe acqulsition of the land shall lapre:

Provided that the competent authority may, after re expity of
the period of limation, if he is satisfied that the delay has been
caused due to wavoidabte circumstances, and far the reswons to be
recorded in wilting, he may make the award within an extended

Paterna sf
mount pale ae
compere,
sr.)

“TH GAZETTE OF INDIA EXTRAORDINARY 5

period of six months:

Provided further that where an award is made within the
‘extencied period, the ented petaori shall. in the interest of justice,
be pald an additonal compensation forthe delay fm making of the
ayard, every month for the peiod so extend, at the rat of et
Ieee than five per cen. of the valne of the award, far each month of
such delay.

(9) Where the tight of user or any right ih the nature of an
asement on, arty land Is aequired under this Act, thee shell. be
paid an amount lo the owner and any other person whos right of
Enjoyment in that land has been affected in any’ manner
rhaisoever by redson of auch acquisition, an amount coladlated at
ten per cent. of fhe amount determined under sub-section (1), for
hat land.

(Before proceeding to determine the amount under sub-
‘ection (1) uz sub-section (9), a6 the case may be, the competent
iruthortty shall give 8 pubic notice published in two local
rrewapepers, one of which shall be in a vernacular language
jviling, claims from all person interested in the land to be
acquired.

1) Such notice shall state the paticulas ofthe land and shall
requlte all persons interested in Such land to appear in petson of
‘yan agent or by a legal practitioner refecred to in subsection (2)
‘of section 200, before the competent authority, ata time and place
Gnd totate the nature oftheir rexpective interes in such land

{6) the amount determined by the competunt authority under
cxbaection-{I) or 25 the cage may be subsection G) is not
aeeepiable to either of the parties the amount shall, on en
pplication by eiter ofthe partis, be deternined by the ariratot
tebe appointed by the Central Government in such mannet 89 18y
be preseibed

7 Subj wo the provislons ofthis Act, he provisons ofthe
‘Artioaton and Conclitan, Act, 1996 ahall apply to every
srbirtion unde this Act.

(6) The competent euthority or the arbitrator while determining
the amount of compensation unde sub-ecton (8) or sub-section
(6), a0 the cave may ba shall take into conglderetion—

(2) the macket value ofthe lane on the date of publication
of the notification under section 208;
6 JHE GAZETTE OF RSDUA EXTRAORDINARY ar

(b) the damage, if any sustained by the person intecested at
the time of taking possession af the land, by reason of the
severing of such land from ther land;

(c) the damage, if any, sustained by the person interested at
the time of taking possession of the land, by reason of the
acquisition injuriously affecting his other immovable property
fn any manner, or his earnings:

(8) if in consequences of the acquisition of the land, the
Person interested Is compelled to change his residence or piace
of business, the ressonable expenses, if any. incidental to such
change,

©) Ih addition 10 the market-valve of the tand as above
Pravided. the competent authority of the arbitrator, ae the case
‘may be; shail in every case award a sum of sixty per centum on
such markel-value; in consideration of the compulsory nakure of
she aequisition,

20G. (7) The competent authority shall adopt the following
erteria i assessing and determining the market value of the
aod

Q) the minimum land value, if any, specified in the
zetia Indian Stamp Act. 1819 for the registration. of sale touts 1s the
ares, where the land is situated: oF

i)_ the average of the sale price for similar type of Sand
situated im the village ot vicinity, ascertained from not fess than
fifty per cent. ofthe sale'dceds registered during the preceding
duce years, where higher prive has been paid;

whichever is higher,

®) Where the provisiéns of sub section (1) ace not applicable far
the reason that:

(the tond is sttuated in such area where the
luansections in land are restricted by or unser any other law
forthe time being in force in that area; oF

(ii) the registered sale “deeds. for simitar lane as
mentioned in clause (of sub-section (1) ate not avallable for
the preceding three years; or

Gil) the minimum tand value has net been specified

rine for
duxerinaton of
roach a of

Tad
sei {HE GAZETOS OF INDIA TRAORDINARY

under the Indian Starip Act 1899 by the approprste
authority.

the concemed State Government shill specify the floor price per unit
area of the said land based of the average higher priees paid for
similar type of land situated in the adjoining azess ot vicinity,
ascertained from rot fees than fity per cent. of the sale- deeds
registered during the preceding three years where higher price has,
been paid, and the competent authority may calculate the value of
the land accordingly.

(3) The competent authority shall, before assessing and
determining the market value of the land belng acquired under
this Act,—

(©) ascertain the intended land use category of such land;
and

() 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 sequired,

(@) tn determining the market value of the building and other
Immovable property ar assets attached to the land or building which
sre fo, be acquired, the competent authority may use the services of a
competent engineer or eny other specialist Ln the relevant field, 28
may be considered necessary by the competent authority.

(6) The competent authority may, for the purpose of determining
the value of trees and planta, vee the services of experienced persons
in the Heid of agriculture, forestry, horticulture, seticulture, or any,
other field, ae nay be considered necessary by hism.

(6 Por the purpose of assesting the value of the standing crops
damaged during the process of land acquisition proceedings, the
competent authority may utile the services of experienced persons in
the field of agriculture 9 he considers necessary.

20H. (Iy The amount determined under section 20F shall be
deposited by the Central Government in such manner as may be
[prescribed by that Government, sith the competent authority
before taking possession of the land,

(2) As s00n a8 maybe aie she mount has been deposited
ender sub-section (bythe competent suthorty shall on behalf of
{hit Cenral Government poy the amount tp the person oF persons
ened there.

Depot nd
payment of
“THF. GAZETTE UF INDIA EXTRAORDINARY Px

G) Where several persons claim to be interested in the amount
deposited under sub section (1), Uwe competent authority: shall
elermine the persons who ln as opinion are entitled to receive the
amount payable to 2ach of therm

(4) If any dispute arises as to the apportiontnent of the amount
‘ot any part thereof at lo any persan to whom the same ar any part
thereof Is payable, the competent authority shall refer the dispnte
to the decision af the principat civil court of original jurisdiction
‘wlthun the Limits of whose janediction Use land is stvated

() Where the amount determined under section 20F by the
arbitrator is in excess of the amount determined by the competent
authority, the arbitrator may awaed anterest at nine per cent, per
annum on such excoss amount from the date of taking possession.
under section 20-T il the date of actual depusit thereof,

(6) Where the amount determined by the arbitrator Is in uxcers
of the amount determined by the competent authority, the excess
mount together wath interest, if any, awarded under sub-section
(5; shall be deposited by the Central Govemument, in such mannet
as may be prescribed by that Governmaent, with the competent
authority anc the provisions of sub-sections (2) to (4) shall apply te
such deposit,

2041 (1) Where any land has vested in the Centeal Government
under sulv-section (2) of section 206, and the amount determined
bby the competent authority under section 20F with respect fo such
Jand has bern deposited under sub-section (1) of section 20H with
the competent authority by the Conia Gyvemment, the
competent autharity may, bp nolize ln writing, direct the oivner as
‘well as any other person wlio may be in possession af such Sand to
slirtender ur deliver possession thereo{ {0 the competent authority
for any person duly authotived by it in this behalf within a period.
of sixty days of the service of the notice

12) If any person ecfuses or fails to comply wilh any diraction
sade ander sub-section (1) the competent authacity shall apply:

(@) in case of any fend elluated in any arca falling within
the metropolitan area, ta the Cammnisaioner af Police:

(8) in case of any land situated in any ares other than the
area refersed to in clause (4) to the Collector ofa district

and such Couunisioner or Callecior, a¢ the case nay te, xh

Power tae
ft

sell ‘Tuy GAZETTE OW INDIA EXTRAORDINARY

cenloice the sufrender of the iar, Lo tne competent auchurily ora

she person duly authorised by #

‘li. Where the land has vested in the Central Goverement
onder section 20E, if shall Re lawful for ary person authocised by
the Central Goverrmant in His beheld to enter and da either act
necessary upon the land for carsying out the bu:lding,
maintenance, management or opecation of the sperial raiway
projector part thereat or any other work connected there ti

20K. The competent suthority shail have for the prrposes of
this Act, ai the powers ofa civil court while trying c suit under tne
Code of Civil Pearedure, 1908 in cespect of the following maters,

namely —

{a} summoning and enforcing the attendance of any perso3
and examining bim on ch;

(0) cequiring the ewcovery ond production of any
document;

‘) reception of evidence on affidavit

Gd) requisthoning any poblic rerurd irom any court oF
office:

{e) ieumg commislen for exauninatinr. uf wilnesses

QOL. (1) The land sequited under this Aut shall not be
tearsierred to any ather porpuse except for a public porpone, and
after obtsining the prior approval of the Central Government.

(2) When any land ot port thereof, axquired under this Act
temsins unntlized for 2 period of five years from the date of
taking over the possession, the seme shall return tn #ke Centzal
Government by reversion

20M. Whenever any land sequined under this Actis Uansferced
to.any person fora consideration, eighty per oe. of the difference
in the acquisition cost and the consideration recuived, whith inna
case shal! be les than the acquisition cost, shall Be shaved amongs
the pergons from wham the Jands weve acquired or their neus,
proporlion tothe value at whicl tbe Tands were 2, at for
he murpose, a sezazate fund may be maintainest which shall Be
adininistured by she competent authorily in such manner as may
bbe prescribed by the Central Government.

‘ON. Nothing in the Land Acquisition. Act, 1894 shall eoply te

_an acquisition undlor this Act

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THE GAZETT. OF INDIA PSLRAORDINARY Dar *
20. The srovisons of the Nation! Rehabiliauon and Sovtrtmet he
evetroent ki, 207 (er pet aed amis, noted bye
the Govern of In tthe Myo Ranl Beselopnene Pan

ide nom ber P2601 MI2UO7-LRD, ate the 31 Ontaoet, 2000, popes
shal. apnly a respect of soyscition of land ay the Conley puncte

Goverracent under this Act ate line
yea

20. 11) The Centeel Gi
rules» carsy out the paryoses af this Chapter.

cre may, by scbifesldoa, mInke Powys nome

Fades one
rates
Chast

(hm parteuiar, anu witha prejudice tothe geseratty &! the
foreguing power, such mies way provide for all of any af Ju
foltowring matrets,sare'ss—

(a) the manner of appoiniment af arbitreror ares sub.
seation (61 of section: 20:

(the: maner in which the aenour* shall ke depesited with
the cotnpetert authority wales sub-suctiens {1} and (6) af
ection 70H;

(2) the manner cf maintenance sutcl administration uf
separate lund fy Lhe purpnses of section 2004

PRATIBHA DEVISISGUEATIE,

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