Plenary 2_Prabhudayal Meena

7/31/2019 Plenary 2_Prabhudayal Meena

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Presentationonew eve opmen son an

Acquisition,RehabilitationandResettlement

-

18th April,2012Presentedb

Mr.Prabhudayal MeenaAdditionalSecretary

epar men o an esourcesMinistryofRuralDevelopmentGovernmentofIndia

The views in this presentation are the views of the author and do not necessarily reflect the views or policies of the Asian Development Bank(ADB), or its Board of Governors, or the government they represent. ADB does not guarantee the accuracy of the data included in thispresentation and accepts no responsibility for any consequence of their use. Terminology used may not necessarily be consistent with ADBofficial terms.


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TheLandAc uisitionAct 1894

The Land Acquisition (LA) Act, 1894amended 17 times b the CentralGovernment.

Various sections have also been amendedfrom time to time b States.

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TheNationalRehabilitationAnde e emen y,

The National Rehabilitation and Resettlement Policy, 2007, approve y t e a net on cto er,

2007 and later placed before the Parliament.

Covers cases of families affected due to land acquisition orinvoluntary displacement due to any other reason.

Provides for the basic minimum requirements that allprojects leading to involuntary displacement must address.

The requiring bodies are free to provide benefits higherthan those prescribed under this policy, to the affectedam es.

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The

Rehabilitation

and

Resettlement

Bill,

2007

and

theLandAcquisition(Amendment)Bill,2007

Rehabilitation and Resettlement Bill, 2007 developedon the lines of the provisions of the National, .

Land Acquisition (Amendment) Bill, 2007 developed

to amend the Land Acquisition Act, 1894. Both the Bills, introduced in Lok Sabha on 6/12/07.

Bills referred to the Standing Committee on Ruralf

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TheR&RBill,2007andtheL.A.(Amendment),

cont .

th th

Bills. Amendments considered by the Cabinet in its meeting held

GoMapprovedtheofficialamendmentsinitsmeetingheldon

24/2/2009.w a y a a

February, 2009 and referred to Rajya Sabha for considerationand passing.

.

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SalientFeaturesoftheLandAcquisition,

,

ng e n egra e

The Land Acquisition (Amendment) Bill, 2007 was to

LARR Bill, 2011 is a new legislation and repeals the LAAct, 1894.

e a tat on an esett ement was cons ereseparately under R&R Bill, 2007 whereas R&R and landac uisition has been inte rated in LARR Bill, 2011.

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SalientFeaturesoftheLARRBill,2011cont

App ica i ity o t e LawGovernment acquires land : or s own use, own an con ro ;

with the purpose to transfer it for use of privatecom anies for ublic ur ose

on the request of private companies for immediate anddeclared use by such companies for public purpose;

Provision relating to R&R to be applicable to familiesaffected due to private purchase of land equal to or moreh n 1 r in r r l r n r r m r in r n

areas.7


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Affected family includes:

been acquired;

a family which has lost its livelihood; a family of tribals and other traditional forest dwellers

that have lost any of their traditional rights recognized

Dwellers (Recognition of Forest Rights) Act, 2006 due to

acquisition of land.

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SalientFeaturesoftheLARRBill,2011

con

Definition of Public Pur ose LA Act 1894

Provision for village sites, land for town or rural planning;

planned development of land in pursuance of Government scheme

or policy;

land for corporation owned and controlled by State;

land for residential purposes to the poor/land less or to personsaffected by natural calamities or for persons displaced by reason ofim lementation b an scheme of Government LocalAuthority/Corporation.

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con

Definition of Public Pur ose LARR Bill 2011

(a) provision of land for strategic purposes relatingto armed forces of the union or any work vital tonational security or defence of India or State police,safet of eo le

(b) provision of land for railways, highways, ports,

power and irrigation purposes for use byGovernment/public sector companies/corporations;

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con

Definition of Public Purpose contd.

(c) land for project affected people;

(d) land for village/urban sites or for Government administered,educational, agricultural, health and research schemes;

(e) land for residential purposes to the poor or land less orpersons affected by natural calamities or persons displaced byimplementation of scheme by Government/localauthority/corporation

(f) land for Public Private Partnership projects for providing publicgoods and services;

provision of public service.

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Process Flow

Proposal is Received bythe Appropriate

Government

Social Impact Assessment (SIA)Conducted by Appropriate

Government

SIA to be examined byindependent Expert

Group

Legitimacy of Public Purpose

and SIA is approved by CS

Committee

Pre-Notifica-tion

Collector submits report onstatus of alternative sites

Consent of 80% of

Publication of PreliminaryNotification

(within 6 months of PN)

Public Hearing

Awards

ra ec ara on c eme pu s e


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There is no provision for the SIA in the LA Act, 1894.

To assess the impact of the projects, SIA will be conducted in allcases where the Government intends to acquire land for a public

ur ose.

The summary of SIA is to be issued along with preliminary, .

If the preliminary notification is not issued within 12 months fromthe date of a raisal of the SIA re ort submitted b the Ex ertGroup, SIA report shall lapse and a fresh SIA need to be carried out.

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Chief Secretar Committee

A Committee under Chief Secretary for examining proposals of landacquisition of more than 100 acres to ensure that:

a) There is a le itimate and bona fide ublic ur ose for the ro osedacquisition.

b) The public purpose, in the long term, is in the larger public interest so

as to justify the social impact as determined by the SIA.c) Only the minimum area of land required for the project is beingacquired.

d) Collector has explored the possibilities of (i) acquisition of waste,,

barren land is not feasible and (ii) acquisition of agricultural land, especiallyland under assured irrigation, is only as a demonstrable last resort.

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S ecial rovision to safe uard food securit

Irrigated multicrop land shall not be acquired except when:

(i) land acquired does not exceed five percent of total irrigatedmulticrop area in that district,

(ii) Land acquired does not exceed 10% of the net sown area inthe district where net shown area is less than fifty percent oftotal geographic area.

Whenever a multicrop irrigated land is acquired, an equivalent

area of agricultural waste land shall be developed fora ricultural ur oses.

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cont

Provision of Public Consent

To ensure transparency and informed

consultation, consent of at least eighty percent ofthe affected families required in specified projects.

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cont

Market Value

No objective method for calculation of the market value of landunder the LA Act, 1894.

LARR Bill, 2011

Market value is higher of (a) minimum land value as per Indiantamp ct, average sa e pr ce or s m ar type o an n t e

vicinity.

Further, to ensure adequate compensation to the land owners, the

mar et va ue ca cu ate s a e mu t p e y a actor o two n t erural area and by a factor of one in the urban area as specified in theFirst Schedule.

o at um o one un re percent o t e compensat on amount asagainst sixty percent in the LA Act, 1894.

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cont

Institutional mechanism for R&R

R&R is not a part of the LA Act, 1894.

LARR Bill, 2011

level, Administrator for Rehabilitation and Resettlement,Commissioner for Rehabilitation and Resettlement and

v . Grievances regarding Rehabilitation and Resettlement

are to be referred to the Land Ac uisition, Rehabilitation& Resettlement Authority in the State /UT.

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cont

Schedule Two of the LARR Bill, 2011 enlists R&R benefits for theaffected families.

,given one acre of land in the command area. Persons belonging to SC orST and losing their land will be provided two and a onehalf acres ofthe land.

If the land is acquired for urbanization purpose, twenty percent of thedeveloped land will be reserved and offered to the land losers.

Mandator em lo ment to at least one member er affected famil . If it

is not possible, then onetime payment of rupees five lakhs per affectedfamily or annuity policy that pays rupees two thousand per month perfamily for twenty years will be made available to the affected families.

Onetime financial assistances like transportation cost, cattle shed/pettyshop costs etc.

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cont

Infrastructure facilities in resettlement areasAmenities/facilities to be developed in therural areas have been listed out in the Third

Schedule. These include roads, drainage, sources,drinking water for cattle, grazing land, fair pricesho s Pancha at Ghars villa e level ost officecommunities centres, sub health centres etc.

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cont

LA Act, 1894 empowers the appropriateGovernment to acquire land under urgency

clause for any public purpose. n , urgency c ause restr cte to:

(a) acquisition of land for defence of India; or

(b) national security; or(c) for any emergency arising out of naturalca am t es.

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cont

Three months for payment of Land AcquisitionCompensation , from the date of the award;

Six months for providing monetary R&R entitlements,

Eighteen months for providing infrastructure R&Rentitlements, from the date of the award;

R&R to be completed six months prior to submergencein irrigation or hydel projects.

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cont

e n an

any an or par ereo acqu re un erthe Act remains unutilized for a period of ten years

,shall return to the Land Bank of the appropriateGovernment b reversion.

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cont

ar ng o apprec a e va ue o an

To make affected families partners in

progress; twenty per cent. of the appreciated land

whom lands were acquired, whenever then r hi f n l n ir n r h A i

transferred to any person for a higherconsideration.

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cont

The Fourth Schedule enlists sixteen le islations dealinwith land acquisition which have been exempted from

the purview of this Bill. e entra overnment may rect y a not cat on

that any of the provisions of this Act dealing with First,Second and Third Schedules; shall a l to the cases of

land acquisition under the enactments specified underthe Fourth Schedule.

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cont

a award under LA Act, 1894 has not been madebefore commencement of this Act,

(b) Possession o land has not been taken under LAAct, 1894.

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Plenary 2_Prabhudayal Meena

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