SECTION 1 OF THE RIGHT TO FAIR COMPENSATION
AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013
- ENFORCEMENT OF ACT - NOTIFIED DATE OF ENFORCEMENT OF SAID ACT
In exercise of the powers conferred by
sub-section (3) of section 1 of the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013),
the Central Government hereby appoints the 1st day of January, 2014
as the date on which the said Act shall come into force.
Salient Features of the new land acquisition
act
1.
The Land Acquisition
bill has been renamed as the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Bill, 2013
2.
The new Land
Acquisition Bill is not against industrialization and urbanization as there is
no bar on purchase of private land.
3.
The new act concerns
only such cases where the land will be acquired by Central or State Authorities
for any public purpose.
4.
The new act replaces a
nearly 120-year-old law enacted during British rule in 1894. It lays emphasis
on Rehabilitation & Resettlement
5.
It calls for taking
the consent of 80% of land owners for acquiring land for private projects and
of 70% landowners for public-private projects.
6.
It also tries to lay
down a transparent process for land acquisition for industrialization,
development of essential infrastructural facilities and urbanization by giving
adequate financial compensation to the affected people.
7.
It gives priority to
the interests of the farmers, landless labourers, dalits and tribals.
8.
Multi-crop irrigated
land will not be acquired except as a demonstrably last resort measure.
Wherever multi-crop irrigated land is acquired an equivalent area of culturable
wasteland shall be developed for agricultural purposes. States are also
required to set a limit on the area of agricultural land that can be acquired
in any given district.
9.
It also provides for
leasing of land to developers, instead of sale, so that the ownership will
remain with the original land holders and they can also have a regular income
by way of lease rent; the terms of lease to be laid down by the State
Government according to type of land, location, market rates etc.
10.
The Act clearly
enunciates the issues relating to acquisition, award, compensation and
rehabilitation and also curtails the discretionary powers of the District
Magistrates.
11.
Central Acts which are
outside the purview of the new Act have to conform to the provisions of
compensation and Rehabilitation and Resettlement package within one year of the
coming into force of the legislation.
12.
Where land is acquired
for urbanisation, 20% of the developed land will be reserved and offered to
land owning project affected families, in proportion to their land acquired and
at a price equal to cost of acquisition and the cost of development.
13.
The Consent of Gram
Sabha is mandatory for acquisitions in Scheduled Areas under the Fifth Schedule referred
to in the Constitution.
Also see full presentation on the act at
No comments:
Post a Comment