CONTENTS DIVISION ONE GUIDE TO RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION & RESETTLEMENT ACT,

Transcription

1 CONTENTS Amendments made by the Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2014 I-5 Table showing sections of Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement Act, 2013 & corresponding provisions of Land Acqisition Act, 1894 I-25 Table showing sections of Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement Act, 2013 & corresponding provisions of the Rajasthan Land Acqisition Bill (Draft) I-35 Table showing sections of Land Acqisition Act, 1894 not covered in Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement Act, 2013 I-45 New Land Acqisition Law at a glance I-46 Land Acqisition Process in brief I-51 Time lines I-53 Package for land/property owners whose land or property is acqired I-58 DIVISION ONE GUIDE TO RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION & RESETTLEMENT ACT, INTRODUCTION 1.1 The Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement Act, I-11

2 CONTENTS I Need for New Land Acqisition Law Effective date 5 1.2A Repeal and Saving - Section Territorial extent of the LARR Act, The Amendment Ordinance, Amendments to remove drafting errors/ambigities Acqisition of land for private hospitals and private edcational instittions shall be acqisition for pblic prposes Exemption to land acqisition for certain projects from the rigors of Chapter II (Social Impact Assessment), Chapter III (Special provisions to safegard food secrity and mandatory consent from 80% or 70% of affected families Exclsion of time for the prposes of section Offences nder the Act by Government officials Compensation and R&R provisions in the First, Second and Third Schedles of Act to apply to enactments relating to land acqisition specified in the Forth Schedle w.e.f Power to Remove difficlties nder section 113 can now be exercise within 5 years of the Commencement of the Act by the Central Government Retrn of ntilized land [Section 101] Rles notified nder the LARR Act, The Rajasthan Land Acqisition Bill, RETROSPECTIVE APPLICABILITY TO PROCEEDINGS INITIATED UNDER THE 1894 ACT 2.1 Retrospective applicability of LARR Act, 2013 to proceedings initiated nder the 1894 Act Administrative instrctions or circlars clarifying section 24 issed by State Governments Solicitor general s legal opinion dated on the LARR Act,

3 I-13 CONTENTS 2.4 Distinction between section 24(1)(a) and section 24(2) Section 24(2) and the first proviso thereto as interpreted by corts Exclsion of period of stay or injnction granted by corts in compting the period of 5 years referred to in section 24(2) Meaning of the word paid Applicability of the first proviso to section 24(2) 25 3 LAND ACQUISITIONS UNDER SPECIAL ACTS 3.1 Applicability of the act to land acqisitions nder specified Acts Enactments specified in the Forth Schedle The power of the Central Government to amend the Forth Schedle Act applicable to land acqisitions nder SEZ Act, Act applicable to land acqisitions nder Cantonments Act, Act applicable to land acqisitions nder Works of Defence Act, NEW CONCEPTS UNDER THE LARR ACT, Land bank Option of the appropriate Govt. to take the land on lease Rehabilitation and Resettlement (R&R) provisions Mandatory social impact assessment stdy Draft Rajasthan Land Acqisition Bill No change of prpose % of appreciation to be shared with original land owners where acqired land sold withot development Option to affected families to avail better compensation and rehabilitation and resettlement nder State law or policy 34

4 CONTENTS I-14 5 IMPORTANT DEFINITIONS 5.1 Affected Family Family, connotation of Agricltral land Cost of acqisition Appropriate Government Displaced family Affected area Resettlement area Company Entitled to Act Holding of land Infrastrctre project Land Landless Land owner Local athority Marginal farmer Private entity Private entity covers all private sector enterprises Private entity covers NGOs/NPOs Other entity nder any other law for the time being in force Person interested Project Pblic prpose Reqiring body Small farmer Schedled areas 46

5 I-15 CONTENTS 6 APPLICATION OF THE PROVISIONS OF THE LARR ACT TO LAND ACQUISITIONS 6.1 Classification of acqisitions & provisions for determining applicability of provisions of the Act to varios acqisitions Draft Rajasthan Land Acqisition Bill Application of the provisions of the Act to acqisitions by appropriate Govt. for own/psu se for pblic prpose Definition of Pblic Prpose Provisions of the Act which are applicable to acqisitions by appropriate Govt. for own/ PSU se for pblic prpose Application of the provisions to acqisitions by appropriate Govt. for PPP Projects Provisions of the Act which are applicable to acqisitions by appropriate Govt. for PPP projects for pblic prpose Application of the provisions of the Act to acqisitions by appropriate Govt. for private entities for pblic prpose Provisions of the Act which are applicable to acqisitions by appropriate Govt. for private entities for pblic prpose Prescribed manner of obtaining consent of affected persons & gram sabha for acqisitions for PPP Projects and Projects by private entities Application of the provisions of the Act to prchase by private entities throgh private negotiation with owner Application of the provisions of the Act where private entity reqests appropriate Govt. for partial acqisition 64 7 SAFEGUARDS AGAINST INDISCRIMINATE LAND ACQUISITION 7.1 Mlti-cropped irrigated land not to be acqired except as last resort 65

6 CONTENTS I Above provisions not applicable to land acqisition for linear projects Power of appropriate Government to exempt certain projects [New section 10A] Acqisition of agricltral land other than mlti-cropped irrigated land not to exceed prescribed % of net sown area Above provisions not applicable to land acqisition for linear projects Power of appropriate Government to exempt certain projects [New section 10A] Acqisition of land in schedled areas only as demonstrable last resort What appropriate Govt. mst ensre while examining all land acqisition proposals Retrn of nsed land to land bank No change of prpose % of appreciation to be shared with land owners where land sold withot development Provisions of Draft Rajasthan Land Acqisition Bill, LAND ACQUISITION PROVISIONS 8.0 Land Acqisition (LA) Provisions Power of appropriate Government to exempt certain projects from LA provisions of Chapter II and Chapter III Draft Rajasthan Land Acqisition Bill Mandatory consltation & social impact assessment Social Impact Assessment - Concept Exemption from SIA SIA not a sbstitte for EIA EIA not a sbstitte for SIA SIA is a time-bond exercise Process of consltation and SIA Pblicising the notification for consltation and SIA 77

7 I-17 CONTENTS Adeqate representation in the SIA stdy Pblic hearing for SIA Matters to be inclded in the SIA stdy Varios components on which impact is to be considered Otpt of the SIA exercise - SIA stdy report and Social Impact Management Plan (SIMP) Contents of Social Impact Assessment Report Social Impact Management Plan Pblication of SIA stdy report and SIMP Appraisal of SIA report by an expert grop Where expert grop recommends that the project be abandoned Where expert grop recommends that the project be proceeded with and land be acqired Pblication of recommendations of expert grop Decision by appropriate Government after examination of land acqisition proposal and expert grop report on SIA Pblication of preliminary notification Contents of preliminary notification Manner of pblication of preliminary notification Informing instittions of local self-government and Gram Sabhas at a meeting especially called for this prpose No transactions or encmbrances after preliminary notification Updation of land records by collector Validity period of preliminary notification - 12 months Preliminary srvey of land and power of officers to carry ot srvey Right of persons interested in any land covered nder preliminary notification to object within 60 days Preparation of rehabilitation and resettlement scheme by the administrator Review of the R&R scheme by the collector 102

8 CONTENTS I Sbmission of draft R&R by collector with his sggestions to Commissioner (R&R) Commissioner (R&R) to make pblic approved R&R Scheme Pblication of declaration and smmary of R&R Land to be marked ot, measred and planned inclding marking of specific areas Notice to persons interested to make claims for compensation/r&r Power to reqire and enforce the making of statements as to names and interests Enqiry and land acqisition award by collector Period within which an award shall be made Corrections to awards by collector Power to call for records, etc Awards of collector when to be final Power to take possession of land to be acqired Magistrate to enforce srrender Urgency clase - Special powers in case of rgency to acqire land in certain cases Completion of acqisition not complsory, bt compensation to be awarded when not completed Acqisition of part of hose or bilding Acqisition of land at cost of a local athority or reqiring body No change of prpose to be allowed COMPENSATION PROVISIONS 9.1 Compensation provisions The first schedle provisions as to compensation Applicability of provisions to Rajasthan Determination of market vale of land by collector Average sales price Where market vale cannot be determined 122

9 I-19 CONTENTS % of market vale may be paid in shares at the option of the owner of the land Determination of vale of assets attached to land Parameters to be considered by Collector in determination of award Award of solatim - 100% of the compensation amont [Section 30] Interest at the rate of 12% p.a. on amont of compensation Additional compensation in case of mltiple displacements Exemption from income-tax, stamp dty and fees REHABILITATION & RESETTLEMENT 10.1 R&R award for affected families by Collector Complsory contents of R&R award Provision of infrastrctral amenities in resettlement area Special provisions for schedled castes and schedled tribes Reservation and other benefits Appointment of administrator by State Govt Commissioner for R&R to be appointed by State Govt Rehabilitation and resettlement committee at project level Provisions relating to R&R to apply in case of certain persons other than specified persons Exemption from income-tax, stamp dty and fees IMPACT OF THE ACT ON PRIVATE ENTITIES 11.1 Types of land acqisitions for private entities Implications on project time lines and cost 139

10 CONTENTS I LARR AUTHORITY 12.1 Establishment of LARR athority Reference to athority Time limit for making application for reference Gronds on which objection to the award is taken Reference by collector to the athority within 30 days of receipt of application Powers of athority Procedre before the athority Original jrisdiction on reference /s Natral jstice Notice, hearing, disposal of reference within 6 months Scope of proceedings before athority Proceedings in pblic Award Re-determination of amont of compensation on the basis of the award of the athority [Section 73] Jrisdiction of civil corts barred Appeal to High Cort APPORTIONMENT OF COMPENSATION 13.1 Particlars of apportionment to be specified Dispte as to apportionment of compensation PAYMENT OF COMPENSATION & INTEREST 14.1 Payment of compensation or deposit of same in athority Interest Investment of money deposited in the athority 150

11 I-21 CONTENTS 15 TEMPORARY OCCUPATION OF LAND 15.1 Temporary occpation of waste or arable-land procedre when difference as to compensation exists Power to enter and take possession and compensation on restoration [Section 82] Difference as to condition of land INCOME-TAX EXEMPTIONS 16.1 Exemption from income-tax, stamp dty and fees Award Agreement Interest Compensation paid for rgent land acqisitions nder section % appreciation to be paid to original owners for transfer or sale of acqired land withot development MISCELLANEOUS 17.1 Service of notice No change of ownership withot permission to be allowed Offences by Government Officials - Section 87 - Section 87 as originally enacted contained stringent provisions as regards offences by Government departments 161

12 CONTENTS I-22 DIVISION TWO COMPARATIVE STUDY OF RIGHT TO FAIR COMPENSATION & TRANSPARENCY IN LAND ACQUISITION, REHABILITATION & RESETTLEMENT ACT, 2013 & LAND ACQUISITION ACT, 1894 Comparative Stdy of Right to Fair Compensation & Transparency in Land Acqisition, Rehabilitation & Resettlement Act, 2013 & Land Acqisition Act, DIVISION THREE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 [AS AMENDED BY RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (AMENDMENT) ORDINANCE, 2014] Arrangement of sections 199 Text of Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement Act, DIVISION FOUR RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (AMENDMENT) ORDINANCE, 2014 Arrangement of sections 273 Text of Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement (Amendment) Ordinance,

13 I-23 CONTENTS DIVISION FIVE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (SOCIAL IMPACT ASSESSMENT AND CONSENT) RULES, 2014 Arrangement of sections 281 Text of Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rles, APPENDICES APPENDIX 1 : Land Acqisition Act, APPENDIX 2 : APPENDIX 3 : APPENDIX 4 : Schedled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, Provisions of Panchayats (Extension to the Schedled Areas) Act, Harmonized list of Infrastrctre sb-sectors and Instittional Mechanism for its pdation 350 APPENDIX 5 : Rajasthan Land Acqisition Bill, APPENDIX 6 : APPENDIX 7 : APPENDIX 8 : Amendments made in the Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement Act, Clarification on section 24 of the Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement Act, Clarification on section 24 of Right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement Act, 2013 from Tamil Nad Government 393 APPENDIX 9 : Opinion of Solicitor-General of India on section 24 of the right to Fair Compensation and Transparency in Land Acqisition, Rehabilitation and Resettlement Act,

14 I-8 BLANK