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THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT BILL: SOME SALIENT FEATURES

Posted by Shreyans Jain Monday, 21 October 2013 0 comments
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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