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Act to override any Judgement, decree or order of any court or Authority STATEMENT OF OBJECTS AND REASONS The State Governments of Gujarat, Telangana, Tamilnadu, Maharashtra and Andhra Pradesh have made certain amendments to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) (hereinafter referred to as the Principal Act) its application to the concerned States. The State of Karnataka aims to grow at very fast rate. For this purpose with the help of Government of India, various megha projects in the sectors of infrastructure, communications, constructions of national highways, new railway lines and drinking water projects etc., have been sanctioned. All these projects require that the land be made available immediately, otherwise there will be high escalation in the costs and also the benefits of development will be delayed considerably harming the interest of general public. The State of Karnataka is facing difficulties in acquiring land under the provisions of the Principal Act. Therefore, in order to facilitate land acquisition for various development projects of Karnataka in the public interest, considered necessary to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) in its application to the State of Karnataka inter alia seeks to,- (i) exempt certain projects vital to national security, defence, irrigation, drinking water projects and other projects from the requirement of Chapter-II and III of the Principal Act; 2 (ii) enable the Deputy Commissioner to pass an award for acquiring the land without making further enquiry; (iii) exclude the period during which land acquisition proceedings where held up on account of any proceedings of the Court from computing the period specified in sub- section (2) of Section 24; (iv) enable the State Government by entering into agreement voluntary acquisition of land for the public purpose; (v) enable the State Government to acquire the land specified for projects by paying lump sum amount in lieu of rehabilitation and resettlement; (vi) enable the State Government to recovery of the amount wrongfully paid to any person under the Principal Act; (vii) make a provision for prosecution for offences by Government officials, after getting saction under the provisions of section 197 of the Code of Criminal procedure, 1973 (Central Act 02 of 1974); (viii) make a provision regarding the provisions of the Principal Act not to apply to certain Karnataka Acts or to apply with certain modifications; (ix) certain other amendments incidental to or consequential thereof are also made. Hence the Bill. [L.A. Bill No. 03 of 2019, File No. Samvyashae 03 Shasana 2019] [Entry 6 and 42 of List III of the Seventh Schedule to the Constitution of India.] [The provisions of the Right to Fair Compensation and Transparency in Land Acquisintion, Rehabilitation and Resettlment (Karnataka Amendment) Bill, 2019 were repugnant to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) and the Registration Act, 1908 (Central Act 16 of 1908) which are central Laws in force. Therefore the Hon’ble Governor reserved the said Bill for the consideration of His Excellency, the President of India under Article 200 of the Constitution of India as required by clause (2) of Article 254] 3 KARNATAKA ACT NO. 16 OF 2019 (First Published in the Karnataka Gazette Extra-ordinary on the Twentythird day of July, 2019) THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (KARNATAKA AMENDMENT) ACT, 2019 (Received the assent of President on the Sixteenth day of July, 2019) An Act to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in its application to the State of Karnataka. Whereas, it is expedient to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013), in its application to the State of Karnataka for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the Seventieth year of the Republic of India as follows:-