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land acquisition act features

The ordinance route was resorted as the government was not able to bring the necessary amendment due to frequent disruptions in parliament and lack of majority of the government in the Rajya Sabha. The Act provides for the establishment of a Land Acquisition, Rehabilitation and Resettlement (LARR) Authority which may be approached in case a person is not satisfied with an award under the Act. Salient Features of the new land acquisition act: Mumbai: September 29,2013 . [Date of commencement: 2nd May, 2012.] The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013) is an Act of Indian Parliament that regulates land acquisition and lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected persons in India. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is also called land acquisition act 2013 and was brought to replace Land Acquisition Act of 1894, enacted during British era. This act has replaced the previous land acquisition act of 1894. It will be four times the market value of land in rural areas and twice in urban areas. The Bill removes this section. SIDDHARTH HARIANI and ROHITH ASHOK take a closer look at the Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act, 2013.. Land is a quintessential asset required for the development of infrastructure and urbanisation, both of which form the backbone of India's economic growth. The changes brought by the 2015 second amendment bill as passed by the Lok Sabha are discussed below: First, mandatory consent clause of 80% people in case of private projects and 70% in case of PPP projects is not applicable to the newly defined five categories of land use in the 2015 bill. Also, one-third compensation will be provided before acquisition and rest after the process is completed. Here are the key features of the new draft of the Land Acquisition Bill: Consent of 80 per cent of people will be made mandatory except where land is acquired for public purpose. Land Acquisition, Rehabilitation and Resettlement Bill, 2011 was introduced by the Minister of Rural Development. Differences between Land acquisition act of 1894 and 2013 act Question - Major differences between Land acquisition act of 1894 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. [Polity] Land Ordinance 2014 vs. Land Acquisition Act 2013: Salient … Current Affairs for IAS - Land Acquisition objective and analysis - … Second, the government may also permit to exempt above categories of land use from Social Impact Assessment clause and from the restrictions of acquisition of multi cropped land clause of LARR act 2013. When government acquires the land directly for ‘public purpose’ consent of the land owner is not required. Consequently various infrastructure projects failed to take off. And finally, states are free to have their own land acquisition laws. However if the land is rendered useless for the originally notified purpose, the appropriate government may use it for another purpose. An Act to consolidate the Acquisition of Land (Authorisation Procedure) Act 1946 and related enactments. It will be established by the state government as a “One Person” Land Acquisition, Rehabilitation and Resettlement Authority with powers of civil court. section 24(1) of new land acquistion act 2013 provides that if no award has been made the provisions of new land acquistion act shall apply relating to compensation . The act also mandates that in case of acquisition of multi cropped area under exceptional circumstances, an equivalent area of cultivable wasteland shall be developed by the state for agricultural purposes. Also improper land records in India compounded the problem. LAND ACQUISITION ACT – 2013 AND LAND ORDINANCES – 2014: A MOCKERY OF DEMOCRACY Mr. Karra Kameswara Rao (Karra)∗ Abstract This article presents a clear picture of controversial policies pertaining to land acquisition, resettlement, rehabilitation and compensation. Thus, unless it is done the legislation cannot be implemented effectively. The 2015 bill was amended twice and second amendment bill was passed by the Lok Sabha but got stuck in the Rajya Sabha. The Bill proposes a unified legislation for acquisition of land and adequate rehabilitation mechanisms for all affected persons; replaces the Land Acquisition Act, 1894; Excluded Salient features: Draft Land Acquisition and Rehabilitation and Resettlement Bill, 2011 Our Bureaus | Updated on March 12, 2018 Published on September 05, 2011 SHARE So doing away with the consent clause defies all logic especially when the five categories of land use defined can be extended to comprise any projects under the sun. But he government can override the disapproval of the committee. The Bill brings the compensation, rehabilitation, and resettlement provisions of these 13 laws in consonance with the LARR Act, 2013. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act): Main features of act: Clearly defines various types of “public purpose” projects for which, Government can acquire private land. 1. LAND ACQUSITION LAW • The Land Acquisition Ordinance of 1920 was repealed by the Land Acquisition Act in 1966 so as to give the government the power of compulsory land acquisition for public development. Gram Sabha, Municipality. These limits shall not apply to linear projects which include projects for railways, highways, major district roads, power lines, and irrigation canals. LAND ACT [Date of assent: 27th April, 2012.] 13/1998. The law was enacted by the British government and by virtue of The Indian independence (Adaptation of Central Acts and Ordinances) Order, 1948 continues to exist as the law of land acquisition in India. There are a number of local and specific laws which provide for acquisition of land under them but the main law that deals with acquisition is The Land Acquisition Act, 1894. upto 1st January 2015.After one year the government has to bring amendments to withdraw this exemption but the government was not able to do so. LARR 2013 calls for employment for at least one member of the family. Other domain which falls under pubic purpose are-elaborate mention of infrastructure projects, projects for housing for lower income groups or landless or to persons residing in areas affected by natural calamities or to persons displaced or affected by reason of the implementation of any scheme undertaken by the Government. No. Here are the key features of the new draft of the Land Acquisition Bill: Consent of 80 per cent of people will be made mandatory except where land is acquired for public purpose. For PPP project, 70% affected families must agree. LARR act 2013 was applicable to the private companies as defines in the companies’ act 1956 or under the Societies Registration Act, 1860. A critical study is made to bring out the lapses of the original Act The new land acquisition Act takes care of the various shortcomings and anomalies present in the Land Acquisition Act of 1894 from the point of view of the people who own the land or whose livelihood is dependent on it. A private entity is an entity other than a government entity, and could include a proprietorship, partnership, company, corporation, non-profit organisation, or other entity under any other law. Therefore, the amendments brought were criticized to be hasty and without any proper consultations. The government gave exemption to 13 acts only for a year i.e. Under this the land acquisition can be expedited if it relates to national defense, security and rehabilitation of affected people from natural disasters or emergencies. Under the 2013 Act, if an offence is committed by a government department, the head of the department will be held guilty unless he can show that he had exercised due diligence to prevent the commission of the offence. It is primarily because committee clearances in India are inextricably intertwined with red-tapism and bureaucratic hassles. It is way beyond understanding even though the government can override the disapproval of the expert committee overseeing SIA for any land acquisition. Whereas il is expedient 10 amend the law for the Acquisition of Land needed for public purposes and for companies and for dClcmimining the amount ofcompensation to be made The Act is applicable when: Section 2(1) of the act defines ‘public purpose’ as the project which involves land acquisition for strategic purposes or national security and defence of the country. Second, it is important to understand that the land is not purchased but acquired which shows that the owner is not willing to part away from his land. Section 96 of Land Acquisition Act 2013 "Exemption from income tax, stamp duty and fees" No income tax or stamp duty shall be levied on any award or agreement made - under this Act. h. The Water Act, Cap 152 i. The title 1894 - The name of old law sounds like the primary purpose was the acquisition of land. LARR act, 2013 allowed acquisition of land for private hospitals and educational institutions. The much-awaited Land Acquisition Bill has been cleared by the Union cabinet, paving the way for its introduction in Parliament in the current Monsoon Session.. The provisions of sections 39 to 42, both inclusive, shall not apply and the corresponding sections of the [99] Land Acquisition Act, 1870, shall be deemed never to have applied, to the acquisition of land for any Railway or other Company, for the purposes of which, [100] [under any agreement with such Company, the Secretary of State for India in Council, the Secretary of State, … In case of acquisition of land for public-private project then the consent of at least 70% of the affected families should be taken. But it is important to look into the valid concerns of the public especially farmers otherwise it will lead to protests and increased dissatisfaction among the public. The Act will replace the Land Acquisition Act, 1894, a nearly 120-year-old law enacted during British rule and lays emphasis on Rehabilitation & Resettlement in cases of land acquisition. Urgency clause will be invoked in rarest of rare cases like national defence. Apart from bringing other changes, it was dome primarily to include those 13 acts under the legislation which were exempted under land acquisition act 2013 as discussed above. Save as otherwise provided in this Act the repeal under sub-section (1) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 with regard to the effect of repeals. However, according to economic survey data 2015, out of more than 80 % projects stalled only 8% of them were due to issues in land acquisition. For example-naval, military, air force, and armed forces of the Union, including central paramilitary forces etc. While the LARR Act 2013 was applicable for the acquisition of land for private companies, the Ordinance changes this to acquisition for private entities‟. the land acquisition whether done by the central or state governments except the state of Jammu & Kashmir The bill proposals include a subsistence allowance of 3,000 per family per month for a year and an annuity of 2,000 per family per month for 20 years. © Copyright 2009-2019 GKToday | All Rights Reserved, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Bill, 2015, Current Affairs [PDF] - December 1-15, 2020, Current Affairs MCQs PDF - November, 2020, Current Affairs [PDF] - November 17-30, 2020. Moreover, development plan have to be launched within 5 years to ensure their livelihood is not affected. The act also regulated the amount of compensation to be given to landowners who had their properties acquired by the government. Now the bill substituted private entity in place of private company. ... Sub-sections (1) and (2), such conveyance and acquisition of the title to the land shall not be recognized for purposes of this Section; and this Section shall apply as if such land were held by the landowner But the amendments change this provision to ensure compulsory employment to at least one member of such an ‘affected family of a farm laborer’. humane, participative, informed and transparent process for land acquisition for industrialisation, development of essential infrastructural facilities and urbanisation with the least disturbance to the owners of the land and other affected families and provide just and fair compensation to the affected families whose land has been acquired If the land acquired is not utilized within a period of five years from the date of taking possession, it shall be redelivered to the original owner. Of particular concern was that despite many amendments, over the years, to India’sLand Acquisition Act of 1894, there was an absence of a cohesive national law that addressed fair compensation when private land is acquired for public use, and fair rehabilitation of land owners and those directly affected from loss of livelihoods. Land Acquisition Land acquisition in India refers to the process by which the union or a state government in India acquires private land for the purpose of industrialization, development of infrastructural facilities or … They are: (i) defense, (ii) rural infrastructure, (iii) affordable housing (iv) industrial corridors (v) infrastructure projects including Public Private Partnership (PPP) projects where the government owns the land. rather than eliminating SIA, the solution to informed consent of land acquisition process. Land acquired for one purpose cannot be used for another purpose under section 99. Fourth, the threshold of the accountability of the government employees has been raised by requiring the prior sanction of the government. The Land Acquisition bill has been renamed as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2013 . The Land Acquisition Act, Cap 226 d. The Land Policy, 2013 e. The Registration of Titles Act, Cap 230 f. The National Environment Act, Cap 153 g. The Environmental Impact Assessment Regulation, S.I. Act stipulates to take the consent of affected families also for land acquisition. - (1) Subject to the provision of Part VII of this Act, [appropriate Government] is satisfied, after considering the report, if any, made under section 5A, sub-section (2)], that any particular land is … 2. The Government of India believed that a combined law … Acquiring land: For private project, 80% affected families must agree. 12 The key criticism of the above law is as follows: Social impact assessment study along with approval from the expert committee etc is a long and infeasible process, according to many business leaders. The Mining Act, 2003 j. The Lands Act, 2021(1964) Date of Authentication and Publication 2021.8.1(15 November 1964) Amendments: 1. However, the impact of the new Act on the Industry and economy as a whole also needs to be taken into account. The market value of the land will be set as higher of: minimum land value, if any, specified in the Indian Stamp Act, 1899 or; average of the sale price for similar type of land being acquired, ascertained from the highest fifty per cent of the sale deeds registered during the preceding three years in the nearest vicinity of the land being acquired. The act does not allow acquisition of land under multi cropped area. A ‘private entity’ is an entity other than a government entity, and includes a proprietorship, partnership, company, corporation, non-profit organization, or other entity. Under the 2013 Act, the minimum time required to complete the acquisition process is 50 months. The much-awaited Land Acquisition Bill has been cleared by the Union cabinet, paving the way for its introduction in Parliament in the current Monsoon Session. However, consent will be not mandatory, when land is acquired by the government for its own use. IAct no. I of 1894, Dated 2nd February, 18941 An Act to amend the law for the Acquisition of Land for public purposes and for the companies. The Land Acquisition Act (Travancore Act XI of 1089) and the Land Acquisition Act (Cochin Act II of 1070) are hereby repealed and the Land Acquisition Act 1894 (Central Act 1 of 1894), shall cease to apply to the Malabar District referred to in sub-section (2) of section 5 of the State Reorganisation Act 1956 (Central Act 37 of 1956). He must be either qualified to be a District Judge or must have seven years law practice experience. It is established to adjudicate matters arising out of the implementation of this law. The affected families also for land acquisition, Rehabilitation, and Resettlement Bill, 2011.! Of old law sounds like the primary purpose was the acquisition of land ( Authorisation Procedure ) Act 1946 related! Was the acquisition of other agricultural land, total acquisition should not the. Provided before acquisition and rest after the process is completed the affected families also for land acquisition laws bottlenecks! 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