THE DRAFT NATIONAL LAND ACQUISITION AND REHABILITATION & RESETTLEMENT BILL, 2011
I. Foreword
II. Overview of the Draft Bill
III. Text of the Draft Bill
Agenda
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Why a New Law?
Why a Combined Law?
Scope of the Draft Bill
Salient Features of the Draft Bill
Definition of ‘Public Purpose’
Urgency
Definition of ‘Affected Family’
Minimum Compensation for Land
Minimum R&R Entitlements
Infrastructural Amenities
Compliance with Other Laws
Process Flow
Institutional Structure
Safeguards
Transparency
Penalties
Awards
Why a New Law
Public Concern
Heightened public concern on Land Acquisition issues
Absence of a national law to provide for the resettlement, rehabilitation and compensation for loss of livelihoods
Outdated Law
While multiple amendments have been made to the Original Act, the principal law continues to be the same i.e. the Land Acquisition Act of 1894
Need For Balance
-Addressing concerns of farmers and those whose livelihoods are dependent
on the land being acquired
-While facilitating land acquisition for industrialisation, infrastructure and
urbanisation
Why a Combined Law
1. Land Acquisition and Resettlement & Rehabilitation need to be seen necessarily as two sides of the same coin
2. Resettlement & Rehabilitation must always, in each instance, necessarily follow upon acquisition of land
3. Not combining the two – R&R and land acquisition – within one law, risks neglect of R&R. This has, indeed, been the experience thus far
4. This is the first National/ Central Law on the subject of Resettlement and Rehabilitation of families affected and displaced as a result of land acquisition
Scope of LARR, 2011
Both LA and R&R Provisions will apply when:
1. Government acquires land for its own use, hold and control
2. Government acquires land with the ultimate purpose to transfer it for the use of private companies for stated public purpose (including PPP projects but other than national highway projects)
3. Government acquires land for immediate and declared use by private companies for public purpose
Note I : Public purpose for 2. & 3. above, once stated, cannot be changed
Note II: Land Acquisition under 2. & 3. above can take place provided 80% of the project affected families give consent to the proposed acquisition.
Only R&R provisions will apply when:
1. Private companies buy land, equal to or more than 100 acres, on their own;
2. Private company approaches Government for partial acquisition for public purpose.
Note : Government does not envisage acquiring:
1. Land for private companies for private purposes.
Or
2. Any multi-crop irrigated land for public purposes Only
Salient Features of the Draft Bill
Definition of Public Purpose
The following categories are considered as public purpose:
1. Strategic purposes: e.g., armed forces, national security;
2. Infrastructure and Industry: where benefits largely accrue to the general public;
3. Land acquired for R&R purposes;
4. Village or urban sites: planned development - residential purpose for the poor and educational and health schemes;
5. Land for private companies for public purpose;
6. Needs arising from natural calamities.
Urgency Clause
The Urgency Clause can only be invoked in the following cases:
1. National defense and security purposes
2. R&R needs in the event of emergencies or natural calamities
3. To be exercised in ‘rarest of rare’ cases
Affected Families
• Land Owners:
1. Family whose land/other immovable properties have been acquired;
2. Those who are assigned land by the Governments under various schemes;
3. Right holders under the Forest Rights Act, 2006
• Livelihood Losers :
1. A family whose livelihood is primarily dependent on the land being acquired
2. May or may not own property
Minimum Compensation for Land
A Comprehensive Compensation Package (Schedule I)
1. Market value of the land: a) the minimum land value, if any, specified in the Indian Stamp Act, 1899 for the registration of sale deeds in the
area, where the land is situated; or
b) the average of the sale price for similar type of land situated in the village or vicinity, ascertained from fifty percent of the sale deeds registered during the preceding three years, where higher price has been paid; or
whichever is higher:
PROVIDED THAT THE MARKET VALUE SO CALCULATED
SHALL BE MULTIPLIED BY THREE IN RURAL AREAS.
2. Value of the assets attached to land:
Building/Trees/Wells/Crop etc as valued by relevant govt.
authority;
Total compensation = 1+2
3. Solatium: 100% of total compensation
This implies that in case of urban areas, the award amount would be not less than twice that of the market value determined, whereas in rural areas it would be not less than six times the original market value.
Minimum R&R Entitlements
A Comprehensive R&R Package (Schedule II and Draft Bill)
For Land Owners:
1. Subsistence allowance at Rs. 3000 per month per family for 12 months;
2. Rs 2000 per month per family as annuity for 20 years, with appropriate index for inflation;
3. If house is lost, a constructed house of plinth area of 150 sq mts of house site in rural areas or 50 sq mts plinth area in urban area;
4. One acre of land to each family in the command area, if land is acquired for an irrigation project;
5. Rs 50,000 for transportation;
6. Where land is acquired for urbanization, 20% of the developed land will be reserved and offered to land owners, in proportion to their land acquired;
7. Upon every transfer of land within 10 years of the date of acquisition, 20% of the appreciated value shall be shared with the original owner whose land has been acquired;
8. Mandatory employment for one member per affected family or 2 lakh rupees if employment is not offered;
9. Offer of shares up to 25% of the Compensation amount
For Livelihood losers (including landless):
1. Subsistence allowance at Rs. 3000 per month per family for 12 months;
2. Rs 2000 per month per family as annuity for 20 years, with appropriate index for inflation;
3. If home-less, a constructed house (plinth area) on 150 sqmts of house site in rural areas or 50 sqmts in urban area, provided free of cost;
4. A one-time ‘Resettlement Allowance’ of Rs 50,000;
5. Rs 50,000 for transportation;
6. Mandatory employment for one member per affected family or 2 lakh rupees.
Special Provisions for ST’s
1. One acre of land to each ST family in every project;
2. One time financial assistance of Rs 50,000 for ST families;
3. ST families settled outside the district shall be entitled to an additional 25% R&R benefits (and a one time payment of Rs 50,000) to which they are entitled in monetary terms;
4. Payment of one third of the compensation amount at very outset to ST families;
5. Preference in relocation and resettlement in area in same compact block;
6. Free land for community and social gatherings;
7. In case of displacement of 100 or more ST families, a Tribal Displacement Plan is to be prepared:
-Detailing process to be followed for settling land rights and restoring titles on alienated land;
-Details of programme for development of alternate
fuel, fodder and non-timber forest produce.
Continuation of reservation and other benefits from displaced area to resettlement area for both SCs and STs
Infrastructural Amenities to be provided (Schedule III)
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;
• Panchayat Ghars;
• Anganwadi’s providing child and mother supplemental nutritional services;
• Places of worship and burial and/or cremation ground;
• Village level Post Offices, as appropriate, with facilities for opening saving accounts;
• Fair price shops and seed-cum-fertilizer storage facilities
Compliance with other Laws
The Provisions of the New Law shall be fully compliant with other laws such as:
• The Panchayats (Extension to the Scheduled Areas) Act, 1996;
• The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006;
• Land Transfer Regulations in Schedule V Areas.
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Process Flow
Proposal is Received by the Appropriate Government.
Pre-Notification
-Social Impact Assessment (SIA) Conducted by Appropriate Government • SIA to be examined by independent Expert Group.
-Legitimacy of ‘Public Purpose’ and SIA is approved by CS Committee
-Controller submits report on status of alternative sites.
-Consent of 80% of Affected sought
Notification
-Publication of Preliminary Notification to acquire
-Public Hearing
-Finalization of R&R Scheme (within 6 months of PN)
-Draft Declaration& R&R Scheme published
-Awards
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Institutional Structure
At Centre-
-National LA&RR Dispute Settlement Authority (Dispute Resolution for Central Projects)
- National Monitoring Committee (Oversight at Central Level)
In States
-State LA&RR Dispute Settlement Authority (Dispute Resolution for State Projects)
-Chief Secy Committee (Determine whether projects are for public purpose)
-State Commissioner, RR (Overall Admin for LA & RR in State
District level
-District Collector (Overall co-ordination and implementation)
-Administrator, RR ((Admin Project-level RR)
-RR Committee (Oversight –Elected reps, civil society, line agencies)
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Safeguards against indiscriminate acquisition
• Social Impact Assessment made mandatory where area to be acquired is equal to or greater than 100 acres;
• Chief Secretary Committee to approve ‘public purpose’ and approve the SIA report;
• 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 package
• Return of Land: Land returned to original owner if not used in 5 years for the purpose for which it is acquired, one-fourth of the award amount for the land acquired
– Provided government can use land acquired for a department to some other department
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Transparency Provisions
• Social Impact Assessment
– Gram Sabha to be consulted
– Summary of SIA notified along with Draft Notification
– SIA document made available for public scrutiny
• R&R Scheme
– Summary notified along with Draft declaration
– Made available for public scrutiny
• Individual Awards passed
• Public Disclosure
– All documents mandatorily to be made available in the public domain and on the website
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Penalties
Punishment for false information, Mala Fide action, etc
• If False or Misleading Documents: Will result in the levy of a fine of up to one lakh rupees and/ or with imprisonment up to a month.
• If R&R benefits obtained on false information:
Shall be recovered by the Appropriate Authority.
Proceedings against Govt.
• Disciplinary
Officers: A Government servant who is guilty of a mala fide action in respect of any provision of this Act and he shall be liable to such punishment
(and fine) as the disciplinary authority may decide.
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Awards
Collector passes 2 types of Awards:
1. Award for Land Acquisition
– Award made in respect of every affected family whose land is being acquired and containing details of LA compensation as listed in
Schedule I;
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 Schedule II.
Provided that Land will not be transferred until R&R is completed
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