RIGHT TO FAIR COMPENSATION AND REHABILITATION ACT, 2013
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RIGHT TO FAIR RIGHT TO FAIR COMPENSATION AND COMPENSATION AND REHABILITATION ACT, 2013 REHABILITATION ACT, 2013 1 Gopal K Agarwal Member National Executive BJP Land Acquisition Issue Committee [email protected]
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Transcript of RIGHT TO FAIR COMPENSATION AND REHABILITATION ACT, 2013
RIGHT TO FAIR RIGHT TO FAIR COMPENSATION AND COMPENSATION AND
REHABILITATION ACT, 2013REHABILITATION ACT, 2013
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Gopal K Agarwal
MemberNational Executive BJPLand Acquisition Issue Committee
History of Land AcquisitionHistory of Land AcquisitionThe Pr imar y Land Acquisit ion Act was t he
Land Acquisit ion Act of 1894.Non consult at ive, Non t r anspar ent , Low
compensat ion.Lar ge scale acquisit ion of land, especially
under Special Economic Zone (SEZ) Act , 2005 led t o hue and cr y.
No pr oper gr ievance r edr essal mechanism.Requir ement f or f ocus on r ehabilit at ionNeed f elt f or a mor e balanced Act .
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Farmers ProblemFarmers ProblemHigh dependence on r ain f all and nat ur al
calamit ies.I nsuf f icient ir r igat ion Facilit y.Low pr opor t ion of ir r igat ed Land.Minimum Suppor t Pr ice (MSP) – High
dependence on demand / supply.Seeds availabilit y.Fer t ilizer s subsidy.Cr edit availabilit y & cost .Lack of Agr icult ur e mar ket ing net wor k.Disguised and Under employment .
SolutionsSolutionsFar m I nsur anceCompensat ion in case of nat ur al calamit ies
I dent if icat ion of Loss. Assessment of loss.
I ncr easing penet r at ion of ir r igat ion f acilit iesMinimum Suppor t Pr ice based on input costPower availabilit y and costNo Tax on Agr icult ur e incomeSubsidy / Dir ect Tr ansf er / t ar get ed subsidy
t o t he f ar mer s inst ead of payment t o indust r ies.
Kisan Cr edit on lower int er est r at eNat ional Agr icult ur e Mar ket ing set upAlt er nat ive Employment cot t age and r ur al
indust r ies
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M. S Swaminathan Committee M. S Swaminathan Committee RecommendationsRecommendations
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Swaminat han commit t ee r epor t which came out in 2006, give ver y exhaust ive r oadmap ahead f or agr icult ur e sect or development in ar eas like ir r igat ion, f ar m cr edit , impr ove pr oduct ivit y f or small & medium f ar mer s, impor t dut y mechanism, village knowledge cent er s, agr icult ur e r isk f und, af f or dable healt h insur ance, and land r ef or ms including land dist r ibut ion t o land landless f ar mer s.
Shanta Kumar Committee Shanta Kumar Committee RecommendationsRecommendationsRef or ms on pr ocur ement policy and public dist r ibut ion syst em including f ood secur it y wher e some of t he r ecommendat ions of Shant a Kumar Commit t ee in r elat ion t o FCI can be implement ed
BackgroundBackgroundMor e t han 60% of t he count r y' s populat ion is
dependent on agr icult ur e which cont r ibut es only about 14% in t he Gr oss Domest ic Pr oduct ion (GDP).
The solut ion is t o r educe t he dependence of t his populat ion on agr icult ur e by pr oviding t hem alt er nat ive means of gainf ul employment and incr ease t he over all cont r ibut ion of agr icult ur e sect or t o t he GDP.
For t his set t ing up of cot t age, small and village indust r ies in t he r ur al ar eas is r equir ed along wit h development of r ur al inf r ast r uct ur e f acilit ies. [email protected]
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Special Economic ZonesSpecial Economic Zones40 per cent of t he ar ea acquir ed f or special
economic zones in t he count r y r emain unut ilized.
Out of 45,782.64 hect ar es of land acquir ed f or t he 365 not if ied special economic zones (SEZs) acr oss I ndia, as much as 18,023.71 hect ar es is lying vacant , Minist er of St at e f or Commer ce and I ndust r y Nir mala Sit har aman t old par liament in a wr it t en r eply.
I ndiscr iminat e acquisit ion of Land t ook place under UPA gover nment .
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For 365 notified SEZ Total Land Acquired45782.64 hectares
Vacant 18023.71 hectares
StakeholdersStakeholdersFar mer s / Land Owner sPr oj ect af f ect ed FamiliesGover nmentDevelopment al and inf r ast r uct ur e
r equir ement sI ndust r ialist and I nf r ast r uct ur e developer sBur eaucr at s
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Objectives of Land acquisition lawObjectives of Land acquisition lawLand acquisit ion f or development al
r equir ement . Adequat e Compensat ion Pr oper Rehabilit at ion Pr oper Reset t lement Alt er nat ive employment gener at ion Par t ner ship in pr ogr ess Monit or ing syst em f or implement at ion of r egulat ion and dispensat ion
Gr ievances r edr essal mechanism
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Obj ect ive was t o link it t o
compensat ion
Consent Clause (2013 Act)Consent Clause (2013 Act)Gover nment acquisit ion in about 12 cat egor ies
under sect ion 2 (1) of t he Act 2013 wer e exempt ed f r om consent and only SI A was r equir ed.
Consent of 80% of t he af f ect ed f amilies and SI A is st ill r equir ed f or pr ivat e pr oj ect acquisit ion wher e it does not come u/ s sect ion 10 A (1).
13 Act s under Schedule Four of t he Act t hr ough which most of t he land acquisit ion t akes place wer e also exempt f r om consent as well as SI A.The compensat ion under t hese act s was payable accor ding t o 1894 old law only. Now it will be paid as per new Act.
Under Five new categories consent & SIA has been exempted u/s section 10AFor PPP acquisition no consent, no SIA where land ownership remains with
Government.
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Social Impact Assessment Social Impact Assessment (Inclusive Def inition)(Inclusive Def inition)
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a) Pr oposed acquisit ion ser ves public pur pose; Purpose has been clearly defined in Act, it can be modified there.
b) Est imat ion of af f ect ed f amilies;c) Ext ent of lands likely t o be af f ect ed by t he
pr oposed acquisit ion;d) whet her t he acquisit ion is t he absolut e bar e
minimum ext ent needed f or t he pr oj ect ; independent authority to assess bare minimum requirement that only will be acquired.
e) An alt er nat e place has been consider ed and f ound not f easible; Arid & barren land bank.
f ) Social impact s of t he pr oj ect , and t he nat ur e and cost of addr essing t hem.
Compensation Package to Land Owner Compensation Package to Land Owner and Tenants (Schedule I)and Tenants (Schedule I)
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i. Based on mar ket value of Landa) t he mar ket value, if any, specif ied in t he
I ndian St amp Act 1899 f or t he ar ea; orb) t he aver age sale pr ice f or similar t ype of
land sit uat ed in t he near est village or near est vicinit y ar ea; or
c) consent ed amount of compensat ion in case of acquisit ion of lands f or pr ivat e companies or f or public pr ivat e par t ner ship pr oj ect s,
whichever is higher.i. Mult iplying f act orii. Value of asset s at t ached t o land or building iii. Solat ium 100%
Rehabilitation and Resettlement of Rehabilitation and Resettlement of Project Af fected FamilyProject Af fected FamilySchedule IISchedule II
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a) Pr ovision of housing unit s in case of displacement
b) Land f or Land in case of ir r igat ion pr oj ect sc) Of f er f or Developed Landd) Choice of Annuit y / Employment / Lump sum
paymente) Subsist ence gr ant f or displaced f amilies f or
a Per iod of one yearf ) Tr anspor t at ion cost f or displaced f amiliesg) Cat t le shed/ pet t y shops costh) One-t ime gr ant t o ar t isan, small t r ader s and
cer t ain ot her si) One-t ime Reset t lement Allowance
Infrastructural Amenities Schedule Infrastructural Amenities Schedule IIIIII
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a) Roads wit hin t he r eset t led villagesb) Pr oper dr ainage, sanit at ion and dr inking
wat erc) Gr azing land as per pr opor t ion accept able in
t he St at e’d) Panchayat Ghar s, Post Of f ices, Fair Pr ice
Shops, Schools and Pr imar y Healt h Cent er se) I r r igat ion f acilit ies t o t he agr icult ur al land
allocat ed t o t he r eset t led f amilies
Ordinance 2014 & LARR Ordinance 2014 & LARR (Amendment) Bill 2015(Amendment) Bill 2015
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Need for the Need for the Ordinance/Amendment - 1Ordinance/Amendment - 1 As per Sect ion 105 (3) of t he LARR Act , t he
13 Act s under t he For t h Schedule of t he Act wer e t o be br ought in line wit h LARR in mat t er s of compensat ion, r ehabilit at ion and r eset t lement and inf r ast r uct ur e f acilit ies by 31st December 2014.
All t he shor t comings in any Act can not be ident if ied by a t heor et ical exer cise. I t comes t o light only af t er t he Act is implement ed and af t er widespr ead consult at ion wit h st ake holder s and t he implement ing agency
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Need for the Need for the Ordinance/Amendment – 2Ordinance/Amendment – 2Feedback to Department of Land Feedback to Department of Land Revenue (Ministry of Rural Revenue (Ministry of Rural Development): Development):
Some pr ovisions like Social I mpact Assessment & 70-80% consent clause f r om af f ect ed f amilies, wer e making t he implement at ion of t he Act dif f icult .
Conf er ence of St at e Revenue Minist er s was or ganized in Vigyan Bhavan on 27t h J une, 2014.
Consult at ions wit h Secr et ar ies and of f icer s of concer ned minist r ies administ er ing t he Act s ment ioned in t he Four t h Schedule of t he Act wer e held on 21.10.2014.
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ConclusionConclusionNecessar y t o br ing changes in t he Act , while
saf eguar ding t he int er est of t he f ar mer s and af f ect ed f amilies in cases of land acquisit ion.
Pr ocedur al dif f icult ies in SI A & consent wer e t o be mit igat ed.
To br ing mor e act ivit ies under t he pr eview of exempt ion of consent .
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Effects of Ordinance/ Amendment Ef fects of Ordinance/ Amendment - 1- 11. Pr ovisions r elat ing t o consent , Social I mpact
Assessment (SI A) and Food Secur it y not t o apply t o f ollowing addit ional f ive cat egor ies of pr oj ect s:
(a) def ence; or def ence pr oduct ion (b) r ur al inf r ast r uct ur e including
elect r if icat ion; (c) af f or dable housing and housing f or t he
poor people; (d) indust r ial cor r idor s; and (e) inf r ast r uct ur e and social inf r ast r uct ur e
pr oj ect s including pr oj ect s under public pr ivat e par t ner ship wher e t he owner ship of land cont inues t o vest wit h t he Gover nment .
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13 Act s list ed in t he Four t h Schedule of t he Act br ought under pr ovisions r elat ed t o LARR 2013 f or compensat ion, r eset t lement and r ehabilit at ion.
Pr osecut ion under t he Act against t he head of t he depar t ment t o be wit h in t he pr ovision of Sect ion 197 of I PC only.
“87. Wher e an of f ence under t his Act
has been commit t ed by any per son who is or was employed in t he Cent r al Gover nment or t he St at e Gover nment , as t he case may be, at t he t ime of commission of such alleged of f ence, t he cour t shall t ake cognizance of such of f ence pr ovided t he pr ocedur e laid down in sect ion 197 of t he Code of Cr iminal Pr ocedur e, 1973 is f ollowed.”.
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Effects of Ordinance/ Amendment Ef fects of Ordinance/ Amendment - 2- 2
24 (1) Not wit hst anding anyt hing cont ained in t his Act . in any case of land acquisit ion pr oceedings init iat ed under t he Land Acquisit ion Act . 1894,-
(a) wher e no awar d under sect ion I I of t he said Land Acquisit ion Act has been made, t hen, all pr ovisions of t his Act r elat ing t o t he det er minat ion of compensat ion shall apply; or
(b) wher e an awar d under said sect ion I I has been made, t hen such pr oceedings shall cont inue under t he pr ovisions of t he said Land Acquisit ion Act , as if t he said Act has not been r epealed.
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Section 24 (Post Amendment)Section 24 (Post Amendment)
(2) Not wit hst anding anyt hing cont ained in sub-sect ion (1), in case of land acquisit ion pr oceedings init iat ed under t he Land Acquisit ion Act . 1894, wher e an awar d under t he said sect ion I I has been made f ive year s or mor e pr ior t o t he commencement of t his Act but t he physical possession of t he land has not been t aken or t he compensat ion has not been paid t he said pr oceedings shall be deemed t o have lapsed and t he appr opr iat e Gover nment , if it so chooses, shall init iat e t he pr oceedings of such land acquisit ion af r esh in accor dance wit h t he pr ovisions of t his Act :
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Section 24 contd.Section 24 contd.
Pr ovided t hat wher e an awar d has been made and compensat ion in r espect of a maj or it y of land holdings has not been deposit ed in t he account of t he benef iciar ies, t hen, all benef iciar ies specif ied in t he not if icat ion f or acquisit ion under sect ion 4 of t he said Land Acquisit ion Act , shall be ent it led t o compensat ion in accor dance wit h t he pr ovisions of t his Act ."Provided further that in computing the period referred to in this sub-section, any period or periods during which the proceedings for acquisition of the land were held up on account of any stay or injunction issued by any court or the period specified in the award of a tribunal for taking possession or such period where possession has been taken but the compensation lying deposited in a court or in any designated account maintained for this purpose shall be excluded.".
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Section 24 ProvisoSection 24 Proviso
101. When any land acquir ed under t his Act r emains unut ilized f or "a period specified for setting up of any project or for five years, whichever is later”, f r om t he dat e of t aking over t he possession, t he same shall be r et ur ned t o t he or iginal owner or owner s or t heir legal heir s, as t he case may be, or t o t he Land Bank of t he appr opr iat e Gover nment by r ever sion in t he manner as may be pr escr ibed by t he appr opr iat e Gover nment .
Explanat ion. - For t he pur pose of t his sect ion, "Land Bank" means a gover nment al ent it y t hat f ocuses on t he conver sion of Gover nment al ent it y vacant , abandoned, unut ilized acquir ed lands and t ax-delinquent pr oper t ies in t o pr oduct ive use.
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Section 101 (Post Amendment)Section 101 (Post Amendment)
LARR Amendment Bill, 2015 – Post LARR Amendment Bill, 2015 – Post AmendmentAmendmentRemoves ‘social inf r ast r uct ur e’ f r om t he f ive
exempt ed cat egor ies.Rest r ict ing acquisit ion f or I ndust r ial
Cor r idor s t o one one Km on bot h sides of designat ed r oads and r ailways only.
Removes pr ivat e hospit als and pr ivat e educat ional inst it ut ions f r om ‘Public Pur pose’.
Bef or e acquisit ion gover nment t o ensur e t hat t he ext ent of land t o be acquir ed is kept at minimum.
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LARR Amendment Bill, 2015 – Post LARR Amendment Bill, 2015 – Post AmendmentAmendmentCompulsor y employment t o one member of
pr oj ect af f ect ed f amily of f ar m labour s.LARR Aut hor it y t o set up Dist r ict Tr ibunals
and hold hear ing at t he local level.
‘67A. The Aut hor it y shall, af t er r eceiving r ef er ence under sect ion 64 and af t er giving not ice of such r ef er ence t o all par t ies concer ned, hold t he hear ing in t he dist r ict wher e t he land acquisit ion t akes place f or set t lement of t he obj ect ions r aised in t he r ef er ence.’.
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Position of Corporate SectorPosition of Corporate Sector
Cor por at e Sect or is int er est ed in dir ect negot iat ion and pur chase of land f r om f ar mer s. I t is mor e comf or t able t hat t he St at e Gover nment s r ecor ds t he pur chase and gives per mission t o t heir pr oj ect t hr ough Change in Land Use (CLU).
St at e Gover nment s ar e also comf or t able wit h t his appr oach.
The above pr ocess is not in f avor of f ar mer s. Far mer s can get bet t er and higher compensat ion under t he amended Land Acquisit ion Bill only.
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Suggested Way AheadSuggested Way Ahead
The or dinance and amendment is mor e of a bat t le of per cept ion.
Need t o engage wit h t he f ar mer s and explain t he pr ovision in det ail.
Only t he dif f icult ies and shor t comings of LARR 2013, exper ienced f r om gr ound level implement at ion, have been sought t o be r emoved/ ir oned out :-a) I n ef f ect ive t er ms, only t he scope of SI A has been nar r owed down and main saf eguar d have been r et ained in t he Act .b) Gr ievance r edr essal mechanism has now been made available at t he dist r ict level.c) Only t hr ough development act ivit ies and building inf r ast r uct ur e in t he villages (f or which land is r equir ed), t he higher value of land is unlocked.
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Suggested Way AheadSuggested Way Ahead
Land acquisit ion is in t he Concur r ent list , so t hat t he St at e Gover nment s ar e f r ee t o implement t he New Act or not .
For est Right s Act and Tr ibal Right s Act pr ot ect t he r ight s of t r ibal people and t heir f or est land and t her ef or e t hese ar e not af f ect ed by t he pr ovision of New Act . Their r ight s ar e also pr ot ect ed under sect ions 5 and 6 of t he Const it ut ion.
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Thank YouThank YouGopal K Agarwal
MemberNational Executive BJPLand Acquisition Issue Committee
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