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PESA , FRA & LAND ACQUISITION Presented by Pralhad Kachare Deputy Commissioner, Pune [email protected]
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PESA , FRA & LAND ACQUISITION
Presented byPralhad Kachare
Deputy Commissioner, Pune
THE TWO TRIBAL FRIENDLY ACTS
PESA ACT 1996 (Provisions of Panchayat Extension to
Scheduled Areas Act)
FR ACT 2006 & RULE 2007 Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act
KEY OBJECTIVES
PESA ACT 1996– Devolution of Power to PRI Institutions at Grass
Root Levels
– Empowerment to Tribal People
– Enhancement of living condition and Ensuring
Poverty alleviation of the Tribals
KEY OBJECTIVES
FOREST RIGHTS ACT 2006 & RULES 2007– Recognition of Customary Land Rights of Tribals
and Other Traditional Forest Dwellers
– Ascertaining/Settlement of Individual and Customary Land Rights
– Enhancement of living condition and Ensuring Poverty alleviation of the Tribals
TRIBAL RIGHTS UNDER FRA 2006
Right to hold and live in the forestland under the individual or common occupation for habitation or for self, cultivation for livelihood.Community rights.Rights of ownership, access to collect, use and dispose of minor forest produce which has been traditionally collected within or outside the village boundaries. (Also in PESA)
Community rights of uses or entitlements such as fish and other products of water bodies, grazing land and traditional seasonal resource access of nomadic and pastoralist communities. (Also in PESA)
Community tenures of habitat and habitations for PTGs and pre-agricultural communities.
Rights for conversion of pattas or lease or grants issued by any local authority or any State Government on forestlands to titles. (cont.)
Major Rights Given by Central PESA
I. Gram Sabha to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources through Gram Sabha.
II. Gram Sabha to be consulted before making acquisition of land in the Scheduled Areas for development of projects or before resettling or rehabilitating persons affected by such projects in Scheduled Areas.
III. * Gram Sabha/Panchayats at the appropriate level for grant of prospecting license or mining lease for minor minerals in the Scheduled Areas and for grant of concession for the exploitation of minor minerals by auction
IV. * State Govt.will ensure delegation of powers to Panchayat/GS to claim ownership rights over minor forest produce from village forests and reserve forests, to prevent alienation of land and to restore any land alienated illegally and to ensure management of minor water bodies.
Important Provisions of PESA ActSection 4.e (ii): responsible for the identification or
selection of persons as beneficiaries under the development programmes.
Section 4.i: Consultation with Panchayat prior to land acquisition and Rehabilitation & Resettlement activities in the scheduled areas.
Section 4.m(ii): Endows owner ship of minor forest produces to Panchayats.
Section 4.m (iii): endows power to prevent alienation of land in Scheduled areas and to take appropriate action to restore any unlawfully alienated land of STs
Important Provisions of PESA Act
Section 4.d: Gram Sabha shall safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution
Section 4.e (i): Gram Sabha shall be responsible for approval of plans, programmes and projects for social and economic development
Paradigm change
The main rationale behind the Act is to preserve the tribal population from exploitation with an active involvement of the Gram Sabha.
Gram Sabha is a body constituted under the provisions of the Constitution and there is no doubt that they would play their part with full responsibility in the rehabilitation process i.e. selection of the place of rehabilitation and examining the facilities, amenities available therein.
Changing GovernanceThe Government has also enacted the
'Panchayat Extension to the Scheduled Areas (PESA) Act' in 1996
It is one of the progressive legislations for the Adivasi regions, providing for self-governance and recognising the traditional rights of indigenous communities over their natural resources
There is a wide role for Panchayats in the acquisition and rehabilitation process
As per PESA, the Gram Sabha will be involved in:
approval of development plans, and programmes, land availability and rehabilitation of affected persons, and has given control of land, forest and water in
the hands of tribal through the Gram Sabha.The Act entrusts the Gram Sabha with the
following
Mandatory Powers of Gram Sabha
Management of community resources Approve all plans/projects Identification of beneficiaries Issue certificate of utilization of funds e.Customary mode of dispute resolution\
Discretionary Powers to Gram Sabha or the Panchayat at appropriate level
Prior mandatory recommendation for acquisition of land and rehabilitation and reconstruction in scheduled areas.
Prior mandatory recommendation for grant of prospective license or lease for mining minor minerals.
Prior mandatory recommendation for grant of concession for exploitation of minor minerals by auction
Powers to Gram Sabha and Panchayat at appropriate level
Ownership of minor forest produce Control over money lending Manage and regulate village markets Control over manufacture, sale and consumption of
intoxicants, and Prevent land alienation and restore alienated lands Control over institutions and functionaries in all social
sectors To control local plans and resources for such plans
including tribal sub plans [email protected]
Constitutional provisions
Schedule V of the Constitution lays down provisions for protection of land.
Legal protection is provided in schedule V under which laws are to be framed by states to ‘prohibit or transfer of land by or among members of ST’ in schedule areas.
PESA is an umbrella framework
respective state panchayat Acts have to be amended to incorporate the letter and spirit of PESA.
Maharashtra & Orissa are leading in doing this.However, there are some operational issues.
PROCESS OF LAND ACQUISITION UNDER LA ACT. 1894
Joint Verification of RORs
and land Details
Filing of LA proposal
by Requisitioning Authority
Issue Notice for
Convening Gram Sabha
Gram sabha consultation
Submission of Estimate to Admn.Deptt for sanction
Invite objection
u/s 5(1)
Newspaper Publication &
Gazette notification
Issue notice u/s 4(I) of
LA Act
Ratification by Panchayat Samiti
Approval of estimate by Administrative
Dept.
Declaration by RevDept. u/s 6 of LA Act.
Publication in 2 local Newspaper &
Gazette Notice in localing
Order under Section 7directing CollectorTo acquire the land
Disburse payment, take possession &
hand over possession
Issue notice u/s12(2) of LA Act foreffecting payment
Inquiry and awardby the Collector under
Section 11
Public notice under Section 9
(PESA Requirements)
Submission of proposal to R&DM Deptt.
PROVISIONS OF THE PANCHAYATS ( EXTENSTION TO THE SCHEDULED AREAS) ACT, 1996.
Section- 4(i) of the PESA Act, 1996 stipulates that “The Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the acquisition of land in the Scheduled Areas for development projects and before re-settling or rehabilitating persons affected by the such projects in the Scheduled Areas, the actual planning and implementation of the Projects in the Scheduled Areas shall be coordinated at the State level”.
ISSUES ARISING OUT OF LAND ACQUISITION WITH RELATION TO PESA
Conduct of Gram SabhaIn case of large scaled displacement( irrigation projects & Industrial
projects), consensus is difficult to arrive at.Issue of “ Loosing everything”- agricultural land, gaothan, houses,
emotional attachment, social, cultural & religious beliefs.Alternate Land for Rehabilitation & Resettlement.Dubious land transactions.Facilities for Rehab. coloniesDamage by vested interest groupsDifference of opinion regarding Land Acquisition Compensation.One year time limit between section 4(I) to section 6(I) and two year
time limit between section 6(1) and section 11Non-cooperation and Lack of response from Gram Sabha.
PROVISION OF FOREST RIGHT ACT.
The Lok sabha on 13th December, 2006 passed by voice vote the Scheduled Tribes and other Traditional Forest Dwellers( Recognition of Forest Rights) Bill, 2005, seeking to recognize and vest the Forest rights and occupation in forest land of forest-dwelling Scheduled Tribes and other traditional forest-dwellers.
The cut-off date, has been fixed as December 13,2005.The dwellers would have to be residing in forest land for three generations or 75
years for entitlement to land rights and the rights to collect and market the forest products to the dwellers. Each family would be entitled to four hectares of forest land.
The Act confers individual and community rights like for self cultivation, for livelihood, right of ownership, access to collect, use and dispose of minor forest produce, fishing, grazing etc.
That also provides for diversion for forest land for 13 facilities managed by Govt. provided that such forest land is less than 01 hectare, less than 75 no.s of tree felling is involved and the same would have been recommended by the Gram Sabha.
LAND ACQUISITION ISSUES IN RELATION TO FRA.
Retrospective or prospective In case of community claims, the extent of coverage of community area Gram sabha in case of claims over no-man’s landExtent of accepting CL.Territorial conflict.The FRA confers rights of livelihood to the tribals and traditional forest
dwellers. So in case of land acquisition of the forest land, how would the compensation be calculated ?
In case of tribals the relationship between them and forest is symbiotic. So in case of land acquisition, it becomes extremely difficult to get a consent for displacement / exchange.
Process of ascertaining rights under FRA at the time of proposal for diversification of forest land for non forest use is to be “complete” or “satisfactory”
Consultation or consent
Under PESA, the Gram Sabha or Panchayat at appropriate level is to be consulted before making acquisition of land in scheduled areas .
Note here that the word used is ‘consultation’ and not ‘consent’.
In a meeting of ministers shortly after the enactment of PESA, it was observed that the word ‘consultation’ should be deemed to mean ‘consent’ Report of the Committee of State Ministers In charge of Panchayati Raj and Tribal Welfare, meeting held on 8-9-1997 by Ministry of Rural Areas & Employment, Department of Rural Development.
Consultation or consent
A single bench of Andhra Pradesh High Court on intervention by a couple of Hyderabad based NGOs has ruled that the word consultation under PESA should mean consent.
Lingappa vs. State of Maharashtra, AIR 1985 SC 389
This judicial interpretation that the requirement under PESA is for consent , meaning therby approval, can be empowering as opposed to the requirment of mere consulation.
For instance, if the Gram Sabha or the Panchayat is consulted and they deny a proposed acquisition, then whether a recourse is available to either the State or to the project proponent is unclear.
It is also important that the Bhuria Committee Report – on whose recommendations the central law on PESA came into being - had advocated for prior consent of the Gram Sabha /local village community before making acquisition of land in Scheduled Areas
1. PERMANENT STANDING ORDERS / NORMS FOR INCURRING EXPENDITURE
ACQUIRING BODY
COLLECTOR
SPECIAL LAND ACQUISITION OFFICER
Section 52 A
PALAQ PUNE [email protected]
Public Purpose –1. Provision of Village Site or the Extension, Planned development or Improvement
of existing village site2. Provision of Land for town or rural planning
3. Provision of Land for a corporation owned or controlled by the State4. Provision of Land for residential purposes to poor or landless or to persons
displaced or affected by Natural calamities5. Provision of Land for carrying out any Educational, Housing, Health or Slum
clearance schemes sponcered by Government, local authority, or society6. Provision of Land for any other scheme of development sponcered by
Government or Local authority7. Provision of any premises or building for locating a public office
Acquiring Bodies1. Central Government2. State Government
3. Local Bodies ( Municipalty, Corporations etc)4. Companies i) registered under Companies Act, 1956
ii) Society registered under Societies Registration Act 1860 iii) a Co- operative Society
PALAQ PUNE [email protected]
1. To assess the quantum of land to be acquired and its suitability for the
public purpose
2. 1/4th of approximate comp at .S.4
----------------------------------------------
4. 50% of approximate comp at award
2. 1/4th of approximate comp at S.6
Step 1 - PRILIMNARY ENQUIRY
PROCEDURE under Land Acquision Act 1894
1. Joint Measurement Charges are paid by the
Acquiring body either directly or through the S.L.A.O. Credited to
Major Head 0029 LR
Step 2 - JOINT MEASUREMENT
sec 8
1. Published in MGG, two News Papers & Chavadi
2. The bill is credited to the concern News Paper by Special Land Acquisition
Officer after obtaining requisite funds from the acquiring body
1. Interested Person can object to
i) The Purpose,
ii) The area under Acquisition
2. Acquiring body submits its say on objection.
3. Special Land Acquisition Officer with his opinion submits report on
objection along with draft Declaration to the Government
(Commissioner )
Step 3 - NOTIFICATION u/s 4
Step 4 - ENQUIRY u/s 5 A
The Last of the dates of Publicationof the Notification is the
DATE OF VALUATION [ sec 23(1) ]
Step 5 - DECLARATION u/s 6
1. Published in MGG, two News Papers & Chavadi
2. The bill is credited to the concern News Paper by Special Land Acquisition
Officer after obtaining requisite funds from the acquiring body
Step 6 - ENQUIRY u/s 9 (3) (4)
1. Interested Person can state
i) Nature of his Interests in the land and amounts and
particulars of their claims to compensation for such interest,
and
ii) Objection ( if any ) to the measurements
After taking into account the objection filed by Interested Persons, Say submitted by the Acquiring Body and Opinion of S.L.A.O. the Government accords sanction
to the declaration U/S 6
Step 7 - AWARD u/s 11
1. True Area of Land
2. The amount of Compensation to be allowed for the Land
3. Apportionment of the compensation among the Persons interested
Previous Approval – GR Dt 07/04/1999
Sr.no Amount of the Award Approving Autority
1. Upto Rs. 1 Crore S.L.A.O. concerned
2. Between Rs. 1 crore & upto 4 Crores Collector
3. Between Rs. 4 Crores upto 10.00 Crores Divisional Commissioner
4. Above 10.00 Crores Government
Determination of Compensation
1. Market Value of Land at the date of publication of Notification u/s 4
Market Value -: i) Comparable Sales Method ii) Income Capitalisation Method
iii) Ready Reackoner
2. Section 23 : Matters to be considered in determining compensation Section 24 : Matters to be neglected in determining compensation
3. Solatium on account of compulsory nature of Acquisition @ 30 % of Market Value ( Sec 23(2))
4. Interest Component @ 12 percent per annum from Date of Notification u/s 4 upto Date of Award u/s 11
PALAQ PUNE
Determination of Compensation
Pot Kharab Lands - Rs 1500 per Hectare ( GR Dated 08/02/1996 )
Valuation of Fruit Trees – Differed Value to be paid at the Calculations and details provided by Agricultural Department
( Circular Dated 01/12/1998)
Valuation of Structures / Wells etc to be done by the Acquiring body – PWD, Irrigation Dept
( Circular Dated 03/03/1971)
Establishment Cost @ 3% of the amount of the Award is recovered from the Acquiring Body and credited to Government ( 0029 LR)
( Circular Dated 13/12/1975)
In case where the provisions of Urgency are evoked and Advance Possession taken, interest on compensation @ 9 % for one year and
15% for subsequent years is awarded ( Section 28 )
PALAQ PUNE
Limitations – Time frame of Procedure according to the Law
Proviso to Section 6 (1) – No Declaration u/s 6 shall be made after expiry of One year from the date of Notification u/s 4
Section 11A. - Award shall be made within Two years from the date of publication of Declaration u/s 6. If no Award is
made within that period, the entire Proceeding for the Acquisition of Land shall lapse
In computing the period as stated above the period during which the proceeding was stayed by the Court shall be
excluded
Step 8 - NOTICE OF AWARD u/s 12(2)
&
TAKING OF POSSESION u/s 16
On the day fixed under the notice
u/s 12(2) the compensation is
paid to the interested
persons in the land under
acquisition and the Possession
taken u/s 16
The land after taking possession vests absolutely in the Government free from
all encumberences
PALAQ [email protected]
Step 9 - REFERENCE TO
COURT u/s 18
Any person interested who have not accepted the
Award can file a Reference objection to
i) measurement of land ii) amount of compensation
iii) apportionment of the amount of compensation
The Court can award compensation more than that awarded by the
Collector alongwith interest u/s 28
Step 10 - RE-DETERMINATION OF
AMOUNT OF
COMPENSATION ON THE
BASIS OF AWARD OF THE
COURT u/s 28A
■ Persons interested in all other Lands
covered by the same
Notification u/s 4 can
apply for Re – determination
■ within three months from the date of
award by the Court
The Acquision of Lands under Reservation in Development Plan ofMunicipal Councills and Municipal Corporations
The Acquision is done by issuing Declaration u/s 6 of Land Acquisition Act read with Section 126(6) of Maharashtra Regional and Town Planning Act
1966 Date of publication of the Declearation u/s 6 in Government Gazette is taken
as the date of Valuation
PROCEDURE under Other Enactments
Maharashtra Regional and Town Planning Act 1966
The Acquision of Lands for the construction of New Highways or widening of existing Highways
The Acquision is done under the Provisions of National Highway Act 1956
The Provision of Arbitration replaces the Provision of Reference to the Court
The Acquision of Lands for MIDC
The Acquision is done under the Provisions of Chapter VI and issuing notices u/s 32 and 31 of the Maharashtra Industrial Development Act 1961
The amount of compensation determined u/s 33(2) by Negotiation with the interested persons
The date of Publication of notice u/s 32 in Government Gazette is the Date of Valuation
Eliminates the procedure of Reference to the Courts
Maharashtra Industrial Development Act 1961
National Highway Act 1956
3. CONTROL MECHANISM TO MONITER FINANCIAL, OPERATIONAL, ORGANIZATIONAL AND INTERNAL AUDIT SYSTEM contd…
The Compensation of land acquired is disbursed to the Interested Persons by Cheque on account of the PLA of the SLAO
The SLAO sends ADVISE of the cheques issued to the Treasury The Cheque received for clearance is passed by Treasury Officer and then
the amount is credited to the account of the Interested Person
A monthly abstract of the PLA account is verified by the office of SLAO and the treasury
The bills received from News Papers are varified from the office of District Information Officer, before the payments are made
The amount of Enhanced Compensation awarded by the Court is demanded from the Acquiring Body and the same is deposited in the
Court for disbursement. In case where appeal is preffered in High Court the District Court is requested to with held the payments or to pay against
bank guarentee
3. CONTROL MECHANISM TO MONITER FINANCIAL, OPERATIONAL, ORGANIZATIONAL AND INTERNAL AUDIT SYSTEM contd…
In cases of disputes in payment of compensation or its apportionment amongst the interested persons, the awarded amount is deposited in the
Court u/s 30 of the Land Acquisition Act
At the end of each financial year a written Balance Sheet is submitted by the Office of SLAO to the Treasury. A balance certificate is obtained.
The Audit of the Office of SLAO is performed by the Internal Audit Wing of The Collectorate and Divisional Commissioner’s Office
The routine office inspections are performed by the Collectorates.
4. EVALUATION & VIGILANCE CONTROLS ON VARIOUS OPERATIONS AND ORGANIZATIONS KEEPING IN VIEW
THE MANAGEMENT OF AQUIRED LAND
1. After taking of Possession of the land acquired (u/s 16) , the same is handed over to the Acquiring Body
2. By an Order passed by the SLAO on basis of Award & Possession taken, the Land Revenue is reduced and the name of Acquiring Body
is entered in the Record of Rights ( VF 7/12 extract )
3. The Lands acquired are put to the use under Public Purpose by the Acquiring Body
3. The Lands remaining surplus after its use, are to be put to other Public Purpose or disposed by public auction
(Govt Letter Dated 22/08/2002) and Supreme Court Judgement in State of Kerala vs M Bhaskaran Pillai
The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation & Resettlement Act, 2013
भू�मि�सं�पा�दन पा�नर्व�संन र्व पा�नर्स्था��पान� करता�न� र्व�जर्व� भूरपा�ई
मि�ळण्या�चा� र्व पा�रदर्श�कता�चा� हक्क अधि निनया�, 2013
Why a combined Law 1. Land Acquisition ,Rehabilitation & Resettlement
need to be seen necessarily as two sides of the same coin and follow after acquisition.
2.Not combining the two R &R & land Acquisition within one law, risk neglect of R & R. This has, been the experience thus far.
3. This is the first National / Central law on the subject of Rehabilitation & Resettlement of families affected and displaced as a result of land acquisition.
Comparative sections of old Act and new Act.
• Section of old Act Section of new Act 4 Preliminary notification 11 5 A Hearing 15 6 Final Declaration 19 11 Award 23 16 Possession 38 17 urgency clause 40 18 Ref. to Court 64 23 Matters to be considered 27 24 Matters to be neglected 28 28 Interest on excess comp. 72 28 A Re-detrn. Of comp. 73 34 Interest 80
Salient features of the new law
Definition of Public Purpose• Acquisition of land for strategic purposes
relating to naval, military, air force, the armed forces of India, National Security or defense, Police, Safety of the people .
• Land for Infrastructure such as Railways, Highways, ports, Power & Irrigation purposes for use by Govt. or by Govt. Controlled Corporations (Public Sector Companies)
• For planned Development or improvement of village or urban sites or for residential purpose to weaker sections of society in rural or urban areas.
• For Govt. Administered educational , agricultural , health & research schemes for institutions.
• For persons residing in areas affected by natural calamities.
• For resettlement of affected people.
Continued…
• Project for Sports , Health care, Tourism, Transportation, Space program, Project for Water harvesting & Water conservation structures, sanitation.
• Project for Industrial corridors or mining activities.
Continued…
Urgency clause
The urgency clause can only be invoked in the following cases (section 40)
1. Acquisition for National defense & security purposes.
2. Acquisition for Resettlement & Rehabilitation needs in the event of Natural Calamities such as Floods or Earthquakes.
Definition of “Affected families”Land Owners 1. Family or Company whose land /other
immovable properties has been acquired.2. Those who are assigned land by the Govt. under
various schemes 3. Right holders under the Forest Rights Act.2006 Livelihood Losers 1. Over the last three years , a family whose
livelihood is primarily dependent on the land being acquired, including agriculture laborers, tenants or sharecroppers. [email protected]
2. Over the last three years, families which are dependent on forest or water bodies for their livelihoods when these are acquired , including forest gatherers, hunters, fisher folk & boatmen.
3. Over the last three years , any families whose livelihood is dependent on the land being acquired in urban areas or families residing on the land being acquired in urban areas.
Continued…
Safeguarding food security1.Multicrop irrigated land will not acquired except
as a last resort measure (Limits have been set by the State Govt. ) (20% of cultivated land in District.)
2.Wherever multi crop irrigated land is acquired an equivalent area of cultivable wasteland shall be developed for agricultural purposes or equivalent land value shall be deposited.
3.States are also required to set a limit on the area of agricultural land that can be acquired in any given district . (1&2 above shall not apply in the case of linear projects such as Railways , Highway , MDR, Power Lines & Irrigation Canals.)
Minimum Compensation• A comprehensive Compensation package. (First Schedule )1. Market value of the land (sec.26)a) The minimum land value, if any , specified in the Indian
Stamp Act 1899 for the registration of sale deeds in the area…. or
b) The average of the sale price for similar type of land situated in the immediate areas adjoining the land being acquired, ascertained from 50 percent of the sale deeds registered during the preceding 3 years, where higher price has been paid, or.
Continued…
• C) consented amount of compensation.---for private companies or for ppp projects.
• Whichever is higher• Provided that the determination of market
value shall be the date on which the notification under sec. 11 has been issued.
Provided that the market value so calculated for rural areas shall be multiplied by a multiplier factor of upto 2 (in Maharashtra it is maximum 1.1)2. Value of assets attached to land… (sec.29 )building / trees /wells /crop etc. as valued by relevant Govt. authority.Total compensation = 1+2 (sec.27)3. Solatium - 100 % of Total compensation . (sec. 30 ) FINAL AWARD = 1+ 2+3.4. Where the land is acquired for urbanization… 20 % of developed land will be reserved and offered owning project affected families, in proportion to their land acquired & at a price equal to cost of acquisition & cost of development. In case the project affected family wishes to avail this offer, an equivalent amount will be deducted.
Continued…
5. The company for whom the land is being acquired may offer shares limited to 25 % of the compensation amount for this an equivalent amount will be deducted from compensation.
In rural areas the multiplier factor will be gradually rise from 1 to 2 as we move away from urban locations into rural areas. The precise Slabs will be decided by the respective State Gove.(For Maharashtra refer Notification no.LQN-
12/2013/C.R 190/A-2 dated 13/08/2014. Radial distance from Urban area above 25 km. then
Multiplier factor max 1.1 in Rural areas)[email protected]
Continued…
Minimum R & R entitlements• A comprehensive R &R package (2nd schedule )1. Subsistence allowance…. Rs.3,000/- month / family for 12 months.2. Job for 1 member per Affected Family ….. or Rs. 5,00000/- family … or Rs.2,000/- month / family for 20 years
3. If house is loss in rural area, a constructed house shall be provided as per Indira Awas Yojana specifications. If a house is loss in urban areas minimum 50 sqm plinth area constructed house shall be provided. Or equivalent cost of house as per the preference.
4. 1 acre of land to each family in command area if land is acquired for an irrigation project if possible in lieu of compensation
5. Rs.50,000/- for Transportation 6. A one time Resettlement Allowance of Rs.50,000/-
Continued…
Special provisions for SCs/STs (Sec.41)
• In addition to the R & R package , SC/ST families will be entitled to the following additional benefits.
1. Land to be given to each family in every project even in case of irrigation project.
2. one time financial assistance of Rs 50,000/- family.3. Families settled outside the district … additional 25%
R&R benefits in monetary terms.4. Payment of 1/3 of compensation amount initially as
first installment.5. preference in Relocation & Resettlement .6. Free land for community and social gatherings.
Special provision for Farmers• Acquisition only if necessary. • Enhanced compensation (as per schedule 1)• Strict restrictions on multi crop acquisition. • Consent … a) 70 % consent for acquisition of public private
partnership projects . b)80 % consent for acquisition of private companies.
Continued….• Return of unutilized land… Land not use can now be
returned to the original owners if the state so decides.( section..101 )
• Share in sale of acquired land increased… When the acquired land is sold of to another party without any development, 40% increase value share has to be distributed amongst the farmers . (only on first sale or transfer… sec.102)
• Income Tax Exemption… All amounts accruing under this act have been exempted from Income Tax and stamp duties .(section..96 )
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.
continued
• Publication of Preliminary notification. Sec.11 • Preliminary survey of land .• Draft RR scheme to be prepared by
Administrator.(DRO ,SLAO)• Published the draft scheme as per sec 16.• Public Hearing by Administrator in Gram P.• Commissioner –Approved the draft scheme.• Declaration of final RR scheme by the
Commissioner.------sec.19 =sec 6.
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 apply.
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 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 [email protected]
Timelines1. Compensation will be given within a period of 3
months from the date of the award.2. Monitory R & R entitlements will be provided within
a period of 6 months from the date of the award.3. Infrastructure R & R entitlements will be provide
within a period of 18 months from the date of the award.
4. No involuntary displacement will take place without completion of R & R
5. In irrigation or hydel projects, R & R shall be completed 6 months prior to submergence.
Benefits for Tenants & Share-croppers
The law also covers all Tenants who may not own any land but are engaged in any form of tenancy or holding a usufruct right.
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.
Impact of New Law on existing Legislations related to Land Acquisition
1. There are 13 Acts of the Central Govt. in force that allow for land acquisition. These are listed in the fourth schedule of the act ( eg….National Defense, National Highways, Railways etc.). The new law does not apply to the activities covered under these Acts.(section 105 )
2. However, within 1 year, the provisions of the new law which relate to compensation, R & R will be applied to the 13 Acts by a notification of the Central Govt.(section 105/3 )
Institutional structure• National Monitoring committee for R & R (Sec. 48) for reviewing and monitoring
the implementation of R & R scheme .
• State Monitoring committee for R & R (Sec. 50) for reviewing and monitoring the implementation of R & R scheme or plans under this Act.
• Establishment of L A R R Authority (Sec.51) Dispute resolution committee under Presiding officer (Dist. Judge ) for speedy disposal of disputes relating to land acquisition , compensation and R & R (Details in sec. 51 to 72 ) 22 Sec.
• Appraisal of S.I.A report by multi -disciplinary Expert group. (sec.7)
• R & R committee at project level . (sec.45) only when land to be acquire is more than 100 acre
Chairman – collector - to monitor and review the progress of implementation of R & R scheme and carry out post implementation social audits
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 package
• No Change of Purpose:- No Change from the purposes specified in the land use plan submitted at the time of land acquisition will be allowed .
Continued….
• 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 .
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
Continued
• 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
