Pages

Thursday, June 23, 2022

Part - II - Land Rehabilitation Act of 2013 - Important Provisions


PREAMBLE

 

• It is a law to ensure that there is consultation with Local Self-Government Institutions for humane, participative, informed and transparent process for land acquisition.

• The Act seeks to cause least disturbance to the owners of the land and other affected families.

• It also seeks to provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition.

• Further, the Act also endeavors that the affected persons because of compulsory acquisition become partners in development and their condition improves.

 

SECTION 2 – APPLICABILITY OF THE ACT

 

• The Act shall apply when the Government acquires land for its own, use, hold and control. All the below stated are public purposes.

• It also applies to strategic military purposes.

• Infrastructure projects excluding Private Hospitals, Private Educational Institutions and Private Hotels.

• Projects involving Agro-Processing and other agricultural activities.

• Industrial Corridors or Mining Activities.

 

CONSENT – SECTION 2 (2)

 

• When Appropriate Government acquires Land for PPPs, prior consent of 70% of affected families is required.

• When Appropriate Government acquires Land for Private Companies, prior consent of 80% of affected families is required.

 

AFFECTED FAMILIES – S. 3 (C)

 

• Family whose land has been acquired.

• Family who does not own land, but its members are agricultural labourers or tenants or sharecroppers.

• Scheduled Tribes and Forest Dwellers who lose their forest rights due to land acquisition.

• Family whose primary source of livelihood for three years prior to acquisition was dependent on the land acquired.

• Any person or family who has been assigned land under a government scheme.

 

SOCIAL IMPACT ASSESSMENT STUDY – SECTION 4

 

• When government intends to acquire land, it shall consult the concerned Panchayat, Municipality, as the case may be, in the affected area.

• Such Notification for consultation and SIA shall be made available in local language.

 

SOCIAL IMPACT ASSESSMENT STUDY – PARAMETERS

 

• Whether proposed acquisition serves public purpose?

• Estimate of number of affected families.

• Extent of the land and properties likely to be affected by acquisition.

• Whether the extent of land proposed is bare minimum needed for the project?

• Whether land acquisition at an alternate place has been considered and found not feasible?

• Study of other social impacts.

• Livelihood of affected families.

• Effect on public transport, sanitation, food security, electricity, health care, education, and other utilities.

• The EIA will be separate and will not be affected by SIA.

 

SIA IMPACT MANAGEMENT PLAN

 

• Under S.5, it is mandatory to conduct a public hearing in the affected area to record the views of the affected families.

• Under S. 6, the SIA Study along with SIA Impact Management Plan is to be published.

• Whenever EIA (Environment Impact Assessment) is conducted, the SIA Study Report shall be taken into account.

 

APPRAISAL OF SIA REPORT BY AN EXPERT GROUP

 

• Under S. 7, an Expert Group is to be formed consisting of Two Social Scientists, two representatives from local bodies, two experts on rehabilitation and a technical Expert of the Project.

• If the Expert Group is of the view no public purpose is served or adverse social impact of the project is very high, it shall recommend that the Project shall be abandoned.

• The Government may proceed against the recommendations of the Expert Group by providing reasons in writing.

 

EXAMINATION OF PROPOSALS UNDER SECTION 8

 

5 Criteria to be satisfied: -

• Bona Fide Public Purpose.

• Potential benefits outweigh the social costs.

• Only minimum area of land required is acquired.

• No unutilized land.

• Any unutilized land ought to be used for public purpose.

 

If these criteria are satisfied, then the Government shall recommend such area for acquisition ensuring minimum displacement of people, minimum disturbance to infrastructure, ecology and minimum adverse impact on the individuals.

 

EXCEPTION TO SIA – S. 9 AND S. 40 – URGENCY CLAUSE

 

• In cases of Urgency, the Government may not conduct any SIA and simply by informing the affected families that it intends to acquire the land under S. 21, by providing compensation, it may take possession of the land and the land shall vest absolutely in the government.

• Even while invoking Urgency Clause, the Collector will have to provide 80% of compensation before taking possession. The rest can be given later.

• An additional compensation of 75% shall be paid over and above the total compensation in these cases.

• No additional compensation required to be paid when security or strategic purposes related project are there.


Part - I - Basic Provisions of of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Part II - Social Impact Assessment under the Land Rehabilitation Act of 2013 and Other Provisions

Part III - Basic Procedure under the Land Rehabilitation Act of 2013 and Other Provisions

Part IV - Determination of Market Value and Other Provisions under the Land Rehabilitation Act of 2013 and Other Provisions

Part V - Rehabilitation, Resettlement, Land Acquisition Authority and Appeal under the Land Rehabilitation Act of 2013 

Part VI - Compensation, Offences, Penalties and Miscellaneous Provisions under the Land Rehabilitation Act of 2013 

No comments:

Post a Comment