#GeneralStudies for Competitive Exams: Land Acquisition, Rehabilitation and Resettlement Bill •Renamed as “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2012″ was passed on August 29, 2013. •Out of the 235 members who voted on the bill, 216 backed it while 19 voted against it. •The bill aims to replace a nearly 120-year-old Land Acquisition Act, 1894. •Bill aims to provide fair compensation to those whose land is taken away, brings transparency to the process of acquisition of land to set up factories or buildings and assures rehabilitation of those affected. •The bill establishes meaningful regulations for land acquisition as a part of India’s massive industrialization drive driven by public-private partnership. •The bill was introduced in Lok Sabha in India on 7 September 2011. •The Land Acquisition, Rehabilitation and Resettlement, 2011 Bill is also known as LARR Bill 2011. •The Bill has 107 clauses. •381 amendments were moved to the bill, of which 166 were official ones. Of the Opposition amendments, some were withdrawn and others defeated during voting. •The government accepted some opposition amendments, including two moved by Leader of the Opposition Sushma Swaraj. These included that instead of acquisition, land could be leased to developers so that its ownership remains with farmers and provide them regular annual income. • Swaraj had also suggested provision for payment of 50 per cent compensation to original owners whose land was purchased after introduction of the Bill in Lok Sabha in September 2011. Government agreed to 40 per cent. --------------MAIN PROVISIONS----------------------------------------- 1.The Bill envisages that in cases where PPP (Public Private Partnership) projects are involved or acquisition is taking place for private companies, the Bill requires consent of no less than 70 per cent and 80 per cent respectively (in both cases) of those whose land is sought to be acquired. 2.The aim of the Bill is to provide “just and fair” compensation to families whose land has been acquired for industrial purposes. It proposes compensation that is up to four times the market value in rural areas and two times the market value in urban areas. 3.The Bill further aims at making affected persons partners in development, leading to an improvement in their post-acquisition social and economic status. 4.The Union Cabinet has approved several amendments suggested by the Opposition, including the one that instead of acquisition, land could be leased to developers so that its ownership remain with farmers and provide them regular annual income. 5.The Cabinet also cleared the amendment that provides for payment of 50 per cent compensation to original owners whose land was purchased after introduction of the Bill in Lok Sabha in September 2011. 6.To address historical injustice the Bill applies retrospectively to cases where no land acquisition award has been made. 7.No law can be acquired in Scheduled Areas without the consent of the Gram Sabhas. 8.No one shall be dispossessed until and unless all payments are made and alternative sites for the resettlement and rehabilitation have been prepared. 9.To safeguard food security and to prevent arbitrary acquisition, the Bill directs States to impose limits on the area under agricultural cultivation that can be acquired. 10.In case land remains unutilized after acquisition, the new Bill Gates empowers states to return the land either to the owner or to the State Land Bank. 11.No income tax shall be levied and no stamp duty shall be charged on any amount that accrues to an individual as a result of the provisions of the new law. 12.Where acquired land is sold to a third party for a higher price than 40 per cent of the appreciated land value (or profit) will be shared with the original owners. 13.In every project those losing land and belonging to the SC or ST will be provided land equivalent to land acquired or two and a one-half acres, whichever is lower (this is higher than in the case of non-SC/ST affected families). 14.Where the affected families belonging to the SC and the ST are relocated outside of the district then they shall be paid an additional 25 rehabilitation and resettlement benefits to which they are entitled in monetary terms along with a one-time entitlement of fifty thousand rupees. 15.Wakf land will not be acquired under this law.
Posted on: Sat, 21 Sep 2013 05:14:48 +0000
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