THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT BILL: SOME SALIENT FEATURES
Monday, 21 October 2013
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The
provisions of this Act relating to land acquisition, rehabilitation and resettlement,
shall apply, when the appropriate Government acquires land:
(a) For its own use, hold and control; or
(b) With the purpose to transfer it for the use of
private companies for public purpose (including Public Private Partnership
projects but not including national or state highway projects); or
(c) On the request of private companies for immediate
and declared use by such companies of land for public purposes:
Provided that no land shall be transferred by way of
acquisition, in the Scheduled Areas in contravention of the law relating to
land transfer, prevailing in such Scheduled Areas.
The
provisions relating to rehabilitation and resettlement under this Act shall
apply in the cases where:
(a) A private company purchases or acquires land, equal
to or more than one hundred acres in rural areas or equal to or more than fifty
acres in urban areas, through private negotiations with the owner of the land;
(b) A private company requests the appropriate
Government for acquisition of a part of an area so identified for a public
purpose:
Provided that where a private company requests the
appropriate Government for partial acquisition of land for public purpose then
the rehabilitation and resettlement entitlements shall be applicable for the
entire area identified for acquisition by the private company and not limited
to the area for which the request is made.
Whenever,
it appears to the appropriate Government that land in any area is required or
likely to be required for any public purpose, a notification to that effect
along with details of the land to be acquired in rural and urban areas shall be
published in the following manner, namely:
(a) In the Official Gazette;
(b) In two daily newspapers circulating in the
locality of such area of which one shall be in regional language;
(c) On the website of the appropriate Government in
public domain;
(d) By making available a copy of the notification for
inspection by persons affected, at the collectorate and tehsil office and at
the concerned gram panchayat or urban local body office;
(e) The Collector shall also cause public notice of
the substance of such notification to be put up at convenient and conspicuous
places in the said area.
The
Rehabilitation and Resettlement Award shall include all of the following, namely:
(a) Rehabilitation and resettlement amount payable to
the family;
(b) Bank account number of the person to which the
rehabilitation and resettlement award amount is to be transferred;
(c) Particulars of house site and house to be
allotted, in case of displaced families;
(d) Particulars of land allotted to the displaced
families;
(e) Particulars of one time subsistence allowance and
transportation allowance in case of displaced families;
(f) Particulars of payment for Cattle Shed and petty
shops;
(g) Particulars of one-time amount to artisans and
small traders;
(h) Details of mandatory employment to be provided
to the members of the affected families;
(i) Particulars of any fishing rights that may be
involved;
(j) Particulars of annuity and other entitlements to
be provided;
(k) Particulars of special provisions for Scheduled
Castes and the Scheduled Tribes to be provided.
Where the appropriate Government is satisfied that
there is likely to be involuntary displacement of persons due to acquisition of
land, then, the State Government shall, by notification, appoint in respect of
that project, an officer not below the rank of Joint Collector or Additional
Collector or Deputy Collector or equivalent official of Revenue Department to
be the Administrator for Rehabilitation and Resettlement.
Whenever it appears to the appropriate Government
that the temporary occupation and use of any waste or arable land are needed
for any public purpose, or for a company, the appropriate Government may direct
the Collector to procure the occupation and use of the same for such terms as
it shall think fit, not exceeding three years from the commencement of such
occupation.
If a person, in connection with a requirement or
direction under this Act, provides any information or produces any document
that the person knows is false or misleading, he shall be liable to be punished
with imprisonment of either description for a term which may extend to one
month, or with fine which may extend to one lakh rupees, or with both.
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