1. New Land Acquisition Act Process Flow
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Transcript of 1. New Land Acquisition Act Process Flow
Slide 1
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act 2013
Pralhad KachareDy. Commissioner (Ent. Duty) , [email protected]
ObjectivesJust & Fair Compensation Transparent process of Land AcquisitionsInformed Consultation & Participative approach Least DisturbanceRehabilitation & Resettlement
Chapter Scheme of New ActChapter No. Contents of Chapter Sections/ Provisions IPreliminary 1 to 3IIDetermination of Social Impact and Public Purpose4 to 9IIISpecial Provision to Safeguard Food Security10IVNotification and Acquisition11 to 30VRehabilitation and Settlement Award31 to 42VIProcedure & Manner of Rehabilitation and Resettlement43 to 47VIINational Monitoring Committee for Rehabilitation and Resettlement48 to 50VIIIEstablishment of Land Acquisition, Rehabilitation and Resettlement51 to 74IXApportionment of Compensation75 to 76XPayment77 to 80
Chapter Scheme of New ActChapter No. Contents of Chapter Sections/ Provisions XIPreliminary 81 to 83XIIOffences and Penalties84 to 90XIIIMiscellaneous91 to 114Schedules FirstCompensation for Land OwnersAs per Sec-30(2)SecondElement of Rehabilitation and Resettlement Entitlements for all the affected families (Both land owners and the family whose livelihood is primarily dependent on land acquired) in addition to those provided in the First ScheduleAs per Section 31(1), 38(1) & 105(3)ThirdProvision for infrastructure amenities32, 38(1) & 105(3)Fourth List of enactments regulating land acquisition and rehabilitation amd resettlement. 105
Eco System of RTI in [email protected] GovernmentCommissioner for Rehabilitation & ResettlementLand Acquisition & Rehabilitation & Resettlement AuthorityEco System of Land AcquisitionGRAM
SABHAEXPERTGROUPCollector
Officer Designated by CollectorAdministrator
Requiring Authority
R & R Committee
Institutional Structure
[email protected] Monitoring CommitteeOversight at Central Level for all projects State LA & RR AuthorityDispute Resolution for State ProjectsCommittee constituted by Appropriate GovernmentWhether projects are for public purpose? Commissioner, RROverall Admin for LA & RR In StateState Govt. Level Central Govt. Level
Institutional Structure
[email protected] Collector through officer designated Overall coordination and implementation Administrator, RRAdmin Project-level RR Commissioner , RROversight (Elected Reps, civil society, Line agencies) Project Level
Important ConceptsCost of acquisition
Administrative costResettlement areaSmall FarmerDisplaced FamilyMarginal FarmerLandlessLand OwnerAffected areaAffected family
JUST&FAIRCOMPENSATION
CONSULTATION
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Public Purpose80% consent for Administrative costProject for project affected familiesProject for planned development Project for housing for such income groupsProject for project affected familiesProvision to apply to PPPPrivate companies acquiring land for public purposesAffected areaStrategic purposes , defense related
JUST&FAIRCOMPENSATION
CONSULTATION
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Comparative Provisions of old Act and new Act.Sr.No.ProcessOld Act SectionNew Act Section1Preliminary notification 4112 5 A Hearing 5A153Declaration of Resettlement Area & Public Purpose ( by Secretary or Officer Authorized)6194Award1123/30/315Correction of clerical errors. etc.13A336Possession16387Urgency Clause 17408Ref. to Court /Authority18649Matters to be considered2327
Comparative Provisions of old Act and new Act.Sr.No.ProcessOld Act SectionNew Act Section10Matters to be ignored242811Interest on excess compensation287212Re-determination of compensation28A7313Apportionment of compensation297514Payment of deposit in court/Authority317715 Interest 348016Temporary Occupation358117Enforcing possession when opposed479118Withdrawal from acquisition489319Exemption from stamp-duty and fees5196
Paradigm shifts from the Land Acquisition Act, 1894 to the LARR Act, 2013Shift1894 Act 2013 LARR ActPublic Purpose Includes several uses such as infrastructure, development and housing projects. Also includes use by companies under certain conditions. No significant change except private companies for PPP.
Social Impact Assessment (SIA) No provisionSIA has to be undertaken in case of every acquisition (Subject to pending Amendment Bill 2015)
Paradigm shifts from the Land Acquisition Act, 1894 to the LARR Act, 2013Shift1894 Act 2013 LARR ActConsent from affected people No generic mandatory provision.Consented Awards provided Consent of 80 per cent of land owners is obtained when land is acquired for private projects Consent of 70 per cent of land owners is obtained when land is acquired for public-private partnership projects. No consent required for infrastructure work of Govt . Consent from affected persons in addition to land owners.
Paradigm shifts from the Land Acquisition Act, 1894 to the LARR Act, 2013Shift1894 Act 2013 LARR ActCompensation Based on the market value. Market value doubled in rural areas and not in urban area
Market Value Based on the current use of land. Explicitly prohibits using the intended use of land while computing market value Whichever is higher of: value specified for stamp duty, and - Ready Reckoneraverage of the top 50% by recorded price of sale of land in the vicinityConsented amount u/s 2(2)Solatium30 % 100 %
Paradigm shifts from the Land Acquisition Act, 1894 to the LARR Act, 2013Shift1894 Act 2013 LARR ActReturn of land to land owner No provisionAcquired land if not used within 5 years, it will be returned to Land Bank or land owners. Sharing of profit /appreciationNo provision. If the acquired land is unused and is transferred, 20% of the profits shall be shared with the original land owners. R&R No provision for R&R. R&R necessary for all affected families. Minimum R&R entitlements to be provided to each affected family specified.
Maharashtra Policy on Land Acquisition Act, 1894 to the LARR Act, 2013Sr. NoPrticulars 2013 LARR Act1Market Value of LandTo be determined by ready reckoner value fixed under the Maharashtra Stamp Act (59 of 1958) and the Maharashtra Stamp (Determination of True Market Value of Property) Rules, 1992 Multiplication FactorLand Compensation 1. Metropolitan Areas, A, B, C, Class Municipal Areas, Special Planning Authorities, Area Dev. Authorities, & New Townships(market value x 1 ) plus value of assets attached to land or building)plus( 100% solatium)2. Areas covered by Regional Plans & Development Plans (excluding above areas) (market value x 1.5 ) plus value of assets attached to land or building)plus( 100% solatium)3. Urban Areas(market value x 2) plus value of assets attached to land or building) plus( 100% solatium)
Rehabilitation and Resettlement ComponentsSr. NoPrticulars 2013 LARR Act1House is lost in rural areaA constructed house shall be provided as per the specifications of Indira Aawas Yojana (a house of 25 sq.mtrs.) or Rs. 1.65 lacs in lieu of house. The construction cost will be minimum Rs. 600 per sq.ft.which gives Rs. 1,61,400 excluding the cost of the developed land.2House is lost in rural areaA constructed house shall be provided of 50sq. mtrs. plinth area as per Public Works Department norms or Rs. 5.5 lacs in lieu of house.
Explanation.Considering the construction cost of Rs. 1000 per sq.ft., the cost of house will be Rs. 5,38,000 excluding the cost of the developed land.
Rehabilitation and Resettlement ComponentsSr. NoPrticulars 2013 LARR Act3One time paymentOne time payment of Rs. 5 lacs to each affected family to those who have eligible candidate for employment.4Subsistence allowance to the affected displaced familiesRs. 3000 per month for a year after displacement date. For the families belonging to Scheduled Castes or Scheduled Tribes such families will get additional Rs. 50,000..
Rehabilitation and Resettlement ComponentsSr. NoPrticulars 2013 LARR Act5Transportation costRs. 50,000 per affected displaced families..6One time financial assistance.Those families having cattle shed or petty shops will get Rs. 25,000 one time financial assistance.7One time grantOne time grant for artisans, small traders of Rs. 50,000.8One time resettlement allowanceOne time resettlement allowance of Rs. 50,000 after shifting of house.
Rehabilitation and Resettlement ComponentsSr. NoPrticulars 2013 LARR Act9Stamp duty and registration chargesStamp duty and registration charges will be borne by Requiring Body for the first transaction of the rehabilitated person only.10Requiring Body to provide infrastructure in Rehabilitation andResettlement area.which includes the roads, drainage, Panchayatghar, post office,Samaj Mandir and other facilities as mentioned in the THIRD SCHEDULE11Provision of monetization ( on written consent) 10% plus the total per family cost of all the amenities to be provided under the THIRD SCHEDULE of the said Act5% increase in inflation index increases on 1st Jan
Rehabilitation and Resettlement ComponentsSr. NoPrticulars 2013 LARR Act5Transportation costRs. 50,000 per affected displaced families..6One time financial assistance.Those families having cattle shed or petty shops will get Rs. 25,000 one time financial assistance.7One time grantOne time grant for artisans, small traders of Rs. 50,000.8One time resettlement allowanceOne time resettlement allowance of Rs. 50,000 after shifting of house.
Rehabilitation and Resettlement ComponentsSr. NoPrticulars 2013 LARR Act9Stamp duty and registration chargesStamp duty and registration charges will be borne by Requiring Body for the first transaction of the rehabilitated person only.10Requiring Body to provide infrastructure in Rehabilitation andResettlement area.which includes the roads, drainage, Panchayatghar, post office,Samaj Mandir and other facilities as mentioned in the THIRD SCHEDULE11Provision of monetization ( on written consent) 10% plus the total per family cost of all the amenities to be provided under the THIRD SCHEDULE of the said Act5% increase in inflation index increases on 1st Jan
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act 2013
Process Flow
Proposal is Received by the Appropriate GovernmentSocial Impact Assessment (SIA) Conducted by Appropriate Government ( Sec 4-6) SIA report examined by Independent Expert Group ( Sec 7) Legitimacy of Public Purpose and SIA to be examined and approved by Appropirate Govt ( Sec 8)Collector submits report on status of alternative sitesConsent of affected sought in projects falling under Sec 2(b) 1. Pre Notification
Origin and emergence of SIASIA concept can be traced to the 17th century in western societies.United States National Environmental Policy Act (NEPA) in 1969 considered landmark legislation.Developed countries have integrated SIA in their planning process----making planning a participatory process.. International learning is ..Failure to integrate SIA into the planning process diminishes the significance of rational planning and weakens the quality of its ultimate [email protected]
Objectives of SIACost benefit Analysis & verifying no alternate location feasible.Whether acquisition serves public PurposeEnsuring social equity by identifying potential affected & displaced familiesMitigating negative social effect..whether land requirement absolutely bare minimumEnhancing Social inclusion in deciding actual extent of impact/effect.
[email protected] Planafter public hearings
Social Impact Assessment Cycle
[email protected] Impact Assessment1234566Analyze Project ContextIdentify & analyzeStakeholder Identify social factors/variables Analyze data and assess priorities Consult stakeholders & develop mitigative plans Implement mitigation plan & public participationEnsure monitoring with active stakeholder involvement & modify it.
[email protected] of Preliminary Notification to acquire ( Sec 11 ) Public Hearing; disposal of Objections( Sec 15) by Collector & report to Appropriate Govt.Finalization of R&R Scheme, Prepare & Review ( within 6 months of PN) ( Sec 16-17)Draft declaration & R & R Scheme published ( Sec 19) Award for Compensation Sec-23 Solatiutm Sec- 30& for R&R (Sec 31)
Right to enter lands, carry our survey & markings S-12
Any damage caused during survey to be paid for S.13
Every notification & Declaration shall be mandatorily published inThe Official Gazette Two widely cirulated daily news papers ( one in local language) Office of Panchayat, local bodies, collector, Sub divisional Officer & tahsil Uploaded on the website of the Appropriate government In the affected [email protected]
continuedPublication of Preliminary notification. Sec.11 Preliminary survey of land .Draft RR scheme to be prepared by Administrator.(DRO ,SLAO)Publish draft scheme as per sec 16.Public Hearing by Administrator in Gram P.Commissioner Approve the draft scheme.Declaration of final RR scheme by the Commissioner.------sec.19 = sec [email protected]
Pre Notification Stage
Sr.No.Process Time Frame 1 SIA Study (Sec-4(2) 2nd proviso)6 Months2Appraisal by expert group for reasoned recommendation(Sec-7(4) (b) )2 Months3Examination by appropriate Govt & issuance of Pre Notification (Sec-14)(From The date of appraisal by Expert Group) 12 months from SAI Report
Sr.No.Process Time Frame 1 Record updation & corrections (Section 11(5))2 Months2Public hearing / Preparation of R&R schemes / declaration of R&R2 Months
[email protected] Notification Stage
Sr.No.Process Time Frame 1 Declaration of Resettlement Area(Sec 19(2) -3rd proviso & 19(7)) by Secretary or officer authorized. 12 Months from Sec-11 notification2Land Acquisition Award u/s 23, 25 & 3012 Months from Sec-19 declaration2Payment of compensation3 Months3R & R award u/s 316 Months Note:1. Only after that we can get Possession of land. 2. Infrastructural facilities under R&R- 18months
[email protected] Post Notification Stage
Sr.No.Process Time Frame 1Reference to be made by aggrieved being a person who represented before Collector. Within 6 weeks of Award 2In other cases Reference to be made by aggrieved being a person.Within 6 weeks of receipt of notice u/s 21 or within 6 months of Award3Sending Reference to Authority 30 days of receipt4If not sent.Applicant to approach Authority Within 30 days
[email protected] Post Award Stage
Compensation for LandMarket Value of Land [ MV] as determined under Sec 26-28 Value of Assets [VA] attached to the property being acquired such as trees, plants, wells and the like (Sec 29) Final Award= MV * Factor + VA + Solatium where, Solatium = MV* Factor + VA [ Sec 30] & Factor could range from 1 for Urban areas up to a max of 2 for Rural areas {see Schedule I} (To be decided by Appropriate Government)[email protected]
AwardsAward for Land AcquisitionAward made in respect of every affected family whose land is being acquired (this will include landless tenants as well) and containing details of LA compensation as listed in the First Schedule; ( Sec-23 r/w 30(2) Award for R&R Award made in respect of every affected family, regardless of whether they may be losing land or not, containing details of R&R entitlements as listed in the Second Schedule. ( Sec-31 )
Urgency Clause (SEC-40)The Urgency Clause can only be invoked in the following cases:National defence and security purposes Resettlement & Rehabilitation needs in the event of natural calamities such as floods or earthquakes or any other emergency with the approval of the [email protected]
R&R Applicability in certain persons other than specified persons- (sec 46)Any person other than specified person is purchasing land through private negotiation has to file an application before the Collector, notifying him of intent to purchase, purpose and particulars of land; (limit notified by AG)Specified persons includes any person other than- -Appropriate Government; -Government company; -Association of persons or trust or registered society. [email protected]
S.I.A.(mandatory in all cases except acq. by urgency clause.) (u/sec.4)AGENCY----- State SIA unit.SIA Notification within 30 days after depositing processing fee.SIA shall be conducted in consultation with Panchayat, M.C. ,or Mun. Corp. followed by Public Hearing.SIA Report in Form 1 to state Govt. in 6 months SIA REPORT---Project Feasibility Report. Project Impact Report. Social Impact Management Plan.(Form 2)Publication of SIA study Report.Public hearing by appropriate govt.Expert group for evaluation of SIA report.
R&R Applicability in certain persons other than specified persons- (sec 46)Any purchase of land by a person other than specified person without complying with the provision of R&R Scheme shall be void ab initio. Collector shall pass individual award covering R&R provision based upon the R&R scheme approved by Commissioner. Appropriate Government may notify area for such limits on sale and purchase. Any land purchased through negotiations on or after 5th Sept. 2011 and acquired within three years from the date of commencement of this Act,then,40% compensation shall be shared with original land [email protected]
Infrastructural Amenities under R&R (3 rd Schedule) 25 infrastructural amenities to be provided in the Resettlement area, including: Schools and playgrounds; Health Centres; Roads and electric connections; Assured sources of safe drinking water for each family as per Govt. norms; Panchayat Ghars as appropriate; Anganwadis providing child and mother supplemental nutritional services as per Govt norms; Places of worship and burial and/or cremation ground depending on the caste-communities at the site and their practices; Village level Post Offices, as appropriate, with facilities for opening saving accounts; Fair price shops and seed-cum-fertilizer storage facilities if needed [email protected]
Sec-24 -Retrospective Effect ClauseClarification issued in respect of retrospective operation of the Act as prescribed u/s 24 of the New LA Act 2013- Where the notification of Sec-4 [under the Old LA Act 1894] has been issued prior to 31.12.2013 and award (u/s 11 of the said Act) has not been made, the procedure will continue as per the old Act subject to the condition that the new act will apply for determination of compensation [email protected]
Sec-24 -Retrospective Effect ClauseWhere notification u/s 4 of the Old LA Act has not been published by the said date, all the earlier proceedings will lapse and the acquisition can proceed under the provisions of the New Act 2013. Where an award has been made before 1.1.2009, but the possession of land has not been taken OR compensation has not been paid, the acquisition proceedings would be deemed to have [email protected]
Reference provisions (sec- 64,65,72, 73 & 76)Any person interested who has not accepted the award may, by written application to the Collector requires that the matter be referred to the Appropriate Authority. The Appropriate Authority means the Land Acquisition and Resettlement Authority established under section 51 of the [email protected]
Reference provisions (sec- 64,65,72, 73 & 76Reference shall be made within a period of thirty days of receipt of application. In making the reference, Collectors statement shall be forward in writing. Collector may be directed to pay interest on excess compensation or re-determination of amount of compensation by the Authority. Disputes as the apportionment of the compensation may be referred by the Collector to the [email protected]
Transparency ProvisionsSocial Impact AssessmentGram Sabha to be consulted (Sec-4) Summary of SIA notified along with Draft Notification (Sec-6) SIA document made available for public scrutinyR&R Scheme (Sec-16) Summary notified along with Draft declaration Made available for public scrutiny. Individual Awards declaration (Sec-30(2)) Public Disclosure All documents mandatorily to be made available in the public domain and on the [email protected]
Important Changes
[email protected] Change of PurposeSection-101 Land not Used within 5 years to be returned to Land Bank/ Land OwnerSection 100No Change of OwnershipSection 46(6) Sharing appreciated value
Important Features1Safeguarding Food Security Multi crop area to be avoided As last demonstrable resort, if needed as per limit fixed for all projects in a district by AG except Road, Railway etc. equivalent area of cultural wasteland shall be developed or an amount equivalent to value of land acquired to be deposited with AG for food security 2Special Provisions for SC/STSC/ST PAP in addition to R&R package Land to each family in irrigation project One time financial assistance of Rs.50,000 Families settled out of district to get 25% of RR package extra 1/3 rd comp advance, DP to be prepared Reservation to be continued.
Important Features3Special provision for Farmers Acquisition only if necessary. Enhanced compensation (as per schedule 1) Strict restrictions on multi crop acquisition. Consent 70 % consent for acquisition of public private partnership projects . 80 % consent for acquisition of private companies. Return of unutilized land (Sec. 101)Share in sale of acquired land increased value if sold to another without development. (Sec-102)Income Tax Exemption / Stamp Duty Exemption (Sec-96)
Benefits for agricultural laborers, Tenants & Share-croppers
& Share-croppers
4 Tenants who may not own any land but are engaged in any form of tenancy or holding a usufruct right are covered under this Act. Share-croppers, Artisans who have been working in the affected area for 3 years prior to the acquisition and whose primary source of livelihood stands affected by the acquisition of land.
They will receive not just the R & R benefits but also a share in the compensation to be provided.
Definition of Affected familiesLand Owners Family or Company whose land /other immovable properties has been acquired. Those who are assigned land by the Govt. under various schemes Right holders under the Forest Rights Act.2006 Livelihood Losers Over the last three years , a family whose livelihood is primarily dependent on the land being acquired, including agriculture laborers, tenants or sharecroppers.
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Retrospective operation: (section 24)Where no award under section 11 of the 1894 Act has been made, the new law will apply with regard to compensation.(sec.24/a )Where award has been made then proceedings shall continue under L A Act as if Act not been repealed. (sec.24/b) When an award has been made but the affected individuals have not accepted compensation or have not yet given up possession, and the proceedings have been pending for 5 years or more, provisions of the new law will apply. (sec 24/2 Provided when a majority of individuals in an affected area have not received compensation then the new law will [email protected]
R&R: This is the very first law that links land acquisition and the accompanying obligations for resettlement and rehabilitation. Over five chapters and two entire Schedules have been dedicated to outlining elaborate processes (and entitlements) for resettlement and rehabilitation. The Second Schedule in particular outlines the benefits (such as land for land, housing, employment and annuities) that shall accrue in addition to the one-time cash payments Retrospective(directed to the past) operation: To address historical injustice the Bill applies retrospectively to cases where no land acquisition award has been made. Also in cases where the land was acquired five years ago but no compensation has been paid or no possession has taken place then the land acquisition process will be started afresh in accordance with the provisions of this act53
Transparency Provisions S.I.A.Gram Sabah to be consulted.Summary of SIA notified along with draft notification.SIA document made available for public scrutiny.R & R SchemeSummary notified along with draft declaration made available for public scrutiny.Individual Awards passedPublic Disclosure - All documents mandatorily to be made available in the public domain and on the website.
TimelinesCompensation will be given within a period of 3 months from the date of the award.Monitory R & R entitlements will be provided within a period of 6 months from the date of the award.Infrastructure R & R entitlements will be provide within a period of 18 months from the date of the award.No involuntary displacement will take place without completion of R & R In irrigation or hydel projects, R & R shall be completed 6 months prior to submergence.
Safeguards against indiscriminate acquisition SIA made mandatory except for irrigation projects, where EIA has obtained. (section 6/2 )To be concluded in 6 months Draft notification to include : - Summary of SIA - Particulars of Administrator for R & R who prepares R & R Scheme.Draft Declaration to include :- Summary of R & R packageNo Change of Purpose:- No Change from the purposes specified in the land use plan submitted at the time of land acquisition will be allowed .
Safeguards against indiscriminate acquisition Change of ownership :- No change of ownership without specific permission of Appropriate Govt. is allowed.Land not Used : - Land that is not used within 5 years in accordance with the purposes for which it was acquired at the time of acquisition, shall be transferred to the State Governments Land Bank or to the original land owner.Sharing Appreciated Value :- Upon every transfer of land without development, 40% of the appreciated land value shall be mandatorily shared with the original owner whose land has been acquired [email protected]
Important Provisions For urgency clause Gove . sanction is necessary Powers of Declaration / Previous approval of Award Compensation amount Up to 4 cr. -- S.L.A.O/ S.D.O 4 cr. to 10 cr. -- CollectorAbove 10 cr. -- Divisional Commissioner If Land is to be acquired for urbanization 20 % of develop land to be kept reserve and allot to affected persons with the cost of land + development
Important Provisions If land is acquired /purchase by private company from private land owner admeasuring more than 1000 ha then provisions of R &R will be applicable. (section 46 ) R& R authority shall dispose of reference u/s 64 within 6 months
If land is acquired /purchase by private company from private land owner admeasuring more than 1000 ha then provisions of R &R will be applicable. (section 46 )
R& R authority shall dispose of reference u/s 64 within 6 [email protected]
Amendment Bill 2015
LA provisions to 13 Acts Land Return provision relaxedRetrospective application of new LA Act ..calculation of period Not Private Companies but Private Entities AG may specify limit for acquiring Multicrop irrigated lands [email protected] sanction for prosecution
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