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THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (GOA AMENDMENT) ACT, 2015
THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (GOA AMENDMENT) ACT, 2015
(Goa Act 3 of 2015) [16-4-2015]
An Act further to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013), as in force in the State of Goa.
Be it enacted by the Legislative Assembly of Goa in the Sixty-sixth Year of the Republic of India, as follows:—
1. Short title and commencement.—
(1) This Act may be called the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Goa Amendment) Act, 2015.
(2) It shall be deemed to have come into force with effect from the 1st day of January, 2014.
2. Amendment of section 24.—
In section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013), as in force in the State of Goa (hereinafter referred to as the “principal Act”),—
(i) in sub-section (2), after the existing provisos, the following proviso shall be inserted, namely:—
“Provided further that, where an award has been made and the compensation has been deposited in the Government Treasury or with any Financial Institution including in EDC Limited on account of any land acquisition proceedings, then the same, for the purposes of this section, shall be construed as discharge of the obligations of the Collector.”;
(ii) after sub-section (2), the following sub-sections shall be inserted, namely:—
“(3) Notwithstanding anything contained in any judgment, decree or order of any Court, Tribunal or any other authority, to the contrary, the action of the Collector of depositing the compensation in the Government Treasury or with any Financial Institution including in EDC Limited, on account of any land acquisition proceeding initiated under the Land Acquisition Act, 1894 (1 of 1894), shall be deemed to have been validly done or taken and have always been done or taken in accordance with the provisions of sub-section (2) of this section and section 31 of the Land Acquisition Act, 1894 (1 of 1894), as if the provision of sub-section (2) of this section as amended by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Goa Amendment) Act, 2015, had been in force at all material times and that such proceeding shall be deemed to have not lapsed.
(4) No suit or other proceeding shall lie or be maintained or continued in any Court or before any Tribunal or other authority for challenging or for questioning the validity of action of the Collector of depositing the compensation pertaining to the land acquisition proceedings in the Government Treasury or with any Financial Institution including in EDC Limited and no Court, Tribunal or any other authority shall enforce or recognize any decree, judgment or order declaring such action taken or things done as invalid or unlawful.”.
3. Repeal and savings.—
(1) The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Goa Amendment) Ordinance, 2014 (Ordinance No. 1 of 2014) and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Goa Amendment) Second Ordinance, 2014 (Ordinance No. 2 of 2014) are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinances, shall be deemed to have been done or taken under the principal Act, as amended by this Act.
