THE RAILWAYS (AMEIVDNIENT) ACT, 2008

No. 11 OF 2008
[28thMarch, 2008.1
An Act m h e r to amend the Railways Act, 1989.
'
BE it enacted by Parliament in the Fifty-ninth year of the Republic of India as follows:-
1. (I)This Act may be called the Railways (Amendment) Act, 2008. Short title
and com-
(2) It shall be deemed to have come into force on the 31st day of January, 2008. mencement.

24 of 1989. 2. In section 2 of the Railways Act, 1989 (hereinafter referred to as the principal Act),-- Amendment
of section 2.
(a) after clause (7), the following clause shall be inserted, namely:-
' ( 7 A )"competent authority" means any person authorised by the Central
Government, by notification, to perform the functions of the competent authority
for such area as may be specified in the notification;';
(b) after clause (29), the following clause shall be inserted, namely:-
'(29A) "person interested" includes,-
( i ) all persons claiming an interest in compensation to be made on
account of the acquisition of land under this Act;
(ii) tribals and other traditional forest dwellers, who have lost any
 Railways (Amerzdrnent) [ACT 11
traditional 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; and
(iv) persons having tenancy rights under the relevant State laws;';
(c) after clause (37), the following clause shall be inserted, namely:-
'(37A) "special railway project" means a project, notified as such by the
Central Government from time to time, for providing national infrastructure for a
public purpose in a specified time-fiame, covering one or more States or the
Union territories;'.
Insertion of 3. After Chapter IY of the principal Act, the following Chapter shall be inserted,
new Chapter namely:-
IVA.
'CHAPTER IVA

Power to 20A. (1) Where the Central Government is satisfied that for a public purpose any
acquire land, land is required for execution of a special railway project, it may, by notification,
etc.
declare its intention to acquire such land.
(2) Every notification under sub-section (I), shall give a brief description of the
land and of the special railway project for which the land is intended to be acquired.
(3) The State Government or the Union territory, as the case may be, shall for the
purposes of this section, provide the details of the land records to the competent
authority, whenever required.
(4) The competent authority shall cause the substance of the notification to be
published in two local newspapers, one of which shall be in a vernacular language.
Power to 20B. On the issue of a notification under sub-section (I) of section 20A, it shall
enter for be lawful for any person, authorised by the competent authority in this behalf, to-
survey, etc.
(a) kake any inspection, survey, measurement, valuation or enquiry;
(b) take levels;
(c) dig or bore into sub-soil;
(6) set out boundaries and intended lines of work:
\ ,

(e) mark such levels, boundaries and lines placing marks and cutting
trenches; or
u> do such other acts or things as may be considered necessary by the
competent authority.
' Evaluation of 20C. The damages caused while carrying out works on land such as survey,
damages digging or boring sub-soil, marking boundaries or cutting trenches or clearing away
during survey,
measurement, any standing crop, fence or forest or doing such other acts or things which may cause
etc. damages while acting under section 20B particularly relating to land which is excluded
from acquisition proceeding, shall be evaluated and compensation shall be paid to the
persons having interest ih that land, within six months from the completion of the said
works.
Hearing of 20D. (I) Any person interested in the land may, within a period of thirty days
objections, from the date of publication of the notification under sub-section (I) of section 20A,
etc.
object to the acquisition of land for the purpose mentioned in that sub-section.
(2) Every objection under sub-section (I), shall be made to the competent
 OF 20081 Railways (Amendment) 31
authority in writing, and shall set out the grounds thereof and the competent authority
shall give the objector an opportunity of being heard, either in person or by a legal
practitioner, and may, after hearing all such objections and after making such further
enquiry, if any, as the competent authority thinks necessary, by order, either allow 01.
disallow the objections.
Explanation.-For the purposes of this sub-section, "legal practitioner" has
the same meaning as in clause (i) of sub-section ( I )of section 2 of the Advocates Act,
25 of 1961. 1961.
( 3 ) Any order made by the competent authority under sub-section (2) shall be
final.
20E. ( I ) Where no objection under sub-section ( I ) of section20D has been made Declaration
to the competent authority within the period specified therein or where the competent of
authority has disallowed the objections under sub-section (2) of that section, the acqulsitlOn .
competent authority shall, as soon as may be, submit a report accordingly to the
Central Government and on receipt of such report, the Central Government shall declare,
by notification, that the land should be acquired for, the purpose mentioned in sub-
section ( I ) of section 20A.
(2) On the publication of the declaration under sub-section ( I ) , the land shall
vest absol~itelyin the Central Gbvernment free from all encumbrances.
(3) Where in respect of any land, a notificatiotl has been published under sub-
section ( I ) of section 20A for its acquisition, but no declaration under sub-section ( I )
ofthis section has been published within a period of one year fiom the date of publication
of that notification, the said notification shall cease to have any effect:
Provided that in computing the said period of one year, the period during which
any action or proceedings to be taken in pursuarlce of the notification issued under
sub-section ( 1 ) of section 20A is stayed by an order of a court shall be excluded.
(4) A declaration made by the Central Government under sub-section ( 1 ) shall
not be called in question in any court or' by any other authority.
20F. ( I ) Where any land is acquired under this Act, there shall be paid an amount Determlnatlon
which shall be determined by an 6rder of t'he competent authority. o f amount
payable as
(2) The competent authority shall make an award under this section within a compensation
period of one year from the date ofthe publication ofthe declaration and if no award is
made within that period, the entire proceedings for the acquisition of the land shall
lapse:
Provided that the competent authority may, after the expiry of the period of
limitation, if he is satisfied that the delay has been caused due to unavoidable
circumstances, and for the reasons to be recorded in writing, he may make the award
within an extended period of six months:
Provided hrther that where an award is made within the extended period, the
entitled person shall, in the interest ofjustice, be paid an additional compensation for
the delay in making ofthe award, every month for the period so extended, at the rate of
not less than five per cent. of the value of the award, for each month of such delay.
(3) Where the right of user or any right in the nature of an easement on, any land
is acquired under this Act, there shall be paid an amount to the owner and any other
person' whose right of enjoyment in that land has been affected in any manner
whatsoever by reason of such acquisition, an amount calculated at ten per cent. of the
amount determined under sub-section ( I ) , for that land.
 32 Railways (Amendment) [ACT 11
(4) Before proceeding to determine the amount under sub-section ( I ) or sub-
section (3), as the case may be, the competent authority shall give a public notice
published in two local newspapers, one of which shall be in a vernacular language
inviting claims from all persons interested in the land to be acquired.
(5) Such notice shall state the particulars of the land and shall require all persons
interested in such land to appear in person or by an agent or by a legal practitioner
referred to in sub-section (2) of section 20D, before the competent authority, at a time
and place and to state the nature of their respective interest in such land.
(6) If the amount determined by the competent authority under sub-section ( I )
or as the case may be, sub-section (3) is not acceptable to either of the parties, the
'
amount shall, on an application by either of the parties, be determined by the arbitrator
to be appointed by the Central Government in such manner as may be prescribed.
(7) Subject to the provisions of this Act, the provisions of the Arbitration and
Conciliation Act, 1996 shall apply to every arbitration under this Act. 26 of 1996.
(8) The competent authority or the arbitrator while determining the amount of
compensation under sub-section ( I ) or sub-section (6), as the case may be, shall take
into consideration-
(a)the market value ofthe land on the date ofpublication ofthe notification
under section 20A-
(b) the damage, if any sustained by the person interested at the time of
taking possession of the land, by reason of the severing of such land from other
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 in any manner, or his earnings;
(60 if, in consequences of the acquisition ofthe land, the person interested
is compelled to change his residence or place of business, the reasonable
expenses, if any, incidental to such change.
(9) In addition to the market-value ofthe land as above provided, the competent
authority or the arbitrator, as the case may be, shall in every case award a sum of sixty
per centum on such market-value, in consideration of the compulsory nature of the
acquisition.
Cr~terionfor 20G. ( I ) The competent authority shall adopt the following criteria in assessing
determination and determining the market-value of the land,-
of market-
value of land (9 the minimum land value, if any, specified in the Indian Stamp Act, 1899, 2 of 1899.
for the registration of sale deeds in the area, where the land is situated; or
(ii) the average of the sale price for similar type of land situated in the
village or vicinity, ascertained from not less than fifty per cent. of the sale deeds
registered during the preceding three years, where higher price has been paid,
a whichever is higher.
(2) Where the provisions of sub-section ( I ) are not applicable for the reason
that:-
(i) the land is situated in such area where the transactions in land are
, , restricted by or under any other law for the time being in force in that area; or
(ii)the registered sale deeds for similar land as mentioned in clause (i) of
sub-section ( I ) are not available for the preceding three years; or
(iii) the minimum land value has not been specified under the Indian
StampAct,1899 by the appropriate authority, 2 of 1899.
 I
OF 20081 Railways (Amendment) 33
I

the concerned State Government shall specify the floor price per unit area o f the said
land based on the average higher prices paid for similar type of land situated in the
adjoining areas or vicinity, ascertained from not less than fifty per cent. o f 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 being acquired under this Act,-
( a ) ascertain the intended land use category of such land; and
(b) 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 acquired.
(4) In determining the market-value ofthe building and other immovable property
or assets attached to the land or building which are to be acquired, the competent
authority may use the services of a competent engineer or any other specialist in the
relevant field, as may be considered necessary by the competent authority.
( 5 ) The competent authority may, for the purpose of determining the value of
trees and plants, use the services of experienced persons in the field of agriculture,
forestry, horticulture, sericulture, or any other field, as may be considered necessary ,
by him.
( 6 ) For the purpose of assessing the value of the standing crops damaged
during the process of land acquisition proceedings, the competent authority may
utilise the services of experienced persons in the field of agriculture as he considers
necessary.
20H. ( I ) The amount determined under section 20F shall be deposited by the Deposlt and
Central Government, in such manner as may be prescribed by that Government, with payment
amount.
the competent authority before taking possession of the land.
(2) As soon as may be after the amount has been deposited under sub-section
( I ) ,the competent authority shall on behalf of the Central Government pay the amount
to the person or persons entitled thereto.
(3) Where several persons claim to be interested in the amount deposited under
I

sub-section ( I ) ,the competent authority shall determine the persons who in its opinion
are entitled to receive the amount payable to each of them.
(4) If any dispute arises as to the apportionment of the amount or any part
thereof or to any person to whom the same or any part thereof is payable, the competent
authority shall refer the dispute to the decision of the principal civil court of original
jurisdiction within the limits of whose jurisdiction the land is situated.
( 5 ) Where the amount determined under sehion 2 0 by~ the arbitrator is in excess
of the amount determined by the competent authority, the arbitrator may award interest
at nine per cent. per annum on such excess amount from the date of taking possession
under section 20-1 till the date of actual deposit thereof. I

(6) Where the amount determined by the arbitrator is in excess of the amount
determined by the competent authority, the excess amount together with interest, if
any, awarded under sub-section (5) shall be deposited by the Central Government, in
such manner as may be prescribed by that Government, with the competent authority
and the provisions of sub-sections ( 2 ) to ( 4 ) shall apply to such deposit.
20-1. (1) Where any land has vested in the Central Government under sub- Power to
section ( 2 ) of section 20E, apd the amount determined by the competent authority take
possession.
under section 20F with respect to such land has been deposited under sub-section ( 1 )
of section 20H with the competent authority by the Central Government, the competent
 Railways (Amendment)
authority may, by notice in writing, direct the owner as well as any other person who
may be in possession of such land to surrender or deliver possession thereof to the
competent authority or any person duly authorised by it in this behalf within a period I

of sixty days of the service of the notice.

(2) If any person refuses or fails to comply with any direction made under sub-
section (I), the competent authority shall apply-
(a)in case of any land situated in any area falling within the metropolitan
area, to the Commissioner of Police;
(b) in case of any land situated in any area other than the area referred to
in clause (a),to the Collector of a district,
and such Colnmissioner or Collector, as the case may be, shall enforce the surrender of
.the land, to the competent authority or to the person duly authorised by it.
Right to 20J. Where the land has vested in the Central Government under section 20E, it
enter into shall be lawhl for any person authorised by the Central Government in this behalf, to
land where
land has enter and do other act necessary upon the land-for carrying out the building,
vested in maintenance, management or operation of the special railway project or part thereof or
Central ,' any other work connected therewith.
Government:
Colnpetent 20K. The competent authority shall have, for the purposes of this Act, all the
authority to powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 in 5 of 1908.
have certain
powers of
respect of the following matters, namely:-
c1v11qourt. . (a) summoning and enforcing the attendance of any person and examining
him on oath;
( b ) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(6)requisitioning any public record from any court or office;
(e) issuing commission for examination of witnesses.
Utllisation of 20L. (I) The land acquired under this Act shall not be transferred to any other
land for the purpose except for a public purpose, and after obtaining the prior approval of the
purpose ~t is
acquired Central Government.
(2) When any land or part thereof, acquired under this Act remains unutilised for
a period of five years from the date oftaking over the possession, the same shall return
to the Central Government by reversion.
Sharing with 20M. Whenever any land acquired under this Act is transferred to any person
landowners for a consideration, eighty per cent. of the difference in the acquisition cost and the
the difference
In price of a
consideration received, which in no case shall be less than the acquisition cost, shall
land when be shared amongst the persons from whom the lands were acquired or their heirs, ,in
transferred proportion to the value at. which the lands were acquired, and for the purpose, a
for a higher separate fund may be maintained which shall be administered by the competent authority
considera-
tion.
in such manner as may be prescribed by the Central Government.
Land
Acquisit~on
Act 1 of
1894 not to .
apply.
 OF 20081 Railways (Amendment) 35
20-0. The provisions of the National Rehabilitation and Resettlement Policy, Applicat~on
2007 for project affected families, notified by the Government of India in the Ministry of the
National
of Rural Development vide number F.26011/4/2007-LRD, dated the 3 1st October, Rehabilitation
2007, shall apply in respect of acquisition of land by the Central Government under and
this Act. I
Resettlement
Policy, 2007
to persons
affectcd due
to land
acquisition.

20P. (I) The Central Government may, by notification, make rules to carry out the Power to
purposes of this Chapter. make rules in
respect of
(2) In particular, and without prejudice to the generality of the foregoing power, matters in
such rules may provide for all or any ofthe following matters, namely:- this Chapter

(a) the manner of appointment of arbitrator under sub-section (6) ofsection

20F;
(b) the manner-in which the amount shall be deposited with the competent
authority under sub-sections (I) and (6)of section 20H;
(c) the manner of maintenance and administration of separate fund for the
purposes of section 20M.'.
Ord 2 of 4. (1) The Railways (Amendment) Ordinance, 2008 is hereby repealed. Repeal and
2008. savings
(2) Notwithstanding such repeal, anything done or any action taken under the principal
Act, as amended by the said Ordinance, shall be deemed to have been done or taken under
the corresponding provisions of the principal Act, as amended by this Act.