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 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
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