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The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation & Resettlement Act 2013
Pralhad KachareDy. Commissioner (Ent. Duty) , Pune
Objectives
Just & Fair Compensation
Transparent process of Land
AcquisitionsInformed
Consultation & Participative
approach
Least Disturbance
Rehabilitation &
Resettlement [email protected]
Chapter Scheme of New Act
Chapter No.
Contents of Chapter Sections/ Provisions
I Preliminary 1 to 3
II Determination of Social Impact and Public Purpose 4 to 9
III Special Provision to Safeguard Food Security 10
IV Notification and Acquisition 11 to 30
V Rehabilitation and Settlement Award 31 to 42
VI Procedure & Manner of Rehabilitation and Resettlement
43 to 47
VII National Monitoring Committee for Rehabilitation and Resettlement
48 to 50
VIII Establishment of Land Acquisition, Rehabilitation and Resettlement
51 to 74
IX Apportionment of Compensation 75 to 76
X Payment 77 to 80
Chapter Scheme of New Act
Chapter No.
Contents of Chapter Sections/ Provisions
XI Preliminary 81 to 83
XII Offences and Penalties 84 to 90
XIII Miscellaneous 91 to 114
Schedules
First Compensation for Land Owners As per Sec-30(2)
Second Element of Rehabilitation and Resettlement Entitlements for all the affected families (Both land owners and the family whose livelihood is primarily dependent on land acquired) in addition to those provided in the First Schedule
As per Section 31(1), 38(1) & 105(3)
Third Provision for infrastructure amenities 32, 38(1) & 105(3)
Fourth List of enactments regulating land acquisition and rehabilitation amd resettlement.
105
Eco System of RTI in Maharashtra
Appropriate Government
Commissioner for Rehabilitation &
Resettlement
Land Acquisition & Rehabilitation & Resettlement Authority
Eco System of Land Acquisition
GRAM
SABHA
EXPERT
GROUP
CollectorOfficer Designated by
Collector Administrator
Requiring Authority R & R Committee
Institutional Structure
National Monitoring Committee
Oversight at Central Level for all projects
State LA & RR AuthorityDispute Resolution for
State Projects
Committee constituted by Appropriate Government
Whether projects are for public purpose?
Commissioner, RROverall Admin for LA
& RR In State
State Govt. Level
Central Govt. Level
Institutional Structure
District Collector through officer designated
Overall coordination and implementation
Administrator, RR Admin Project-level RR
Commissioner , RR Oversight (Elected Reps, civil society, Line agencies)
Project Level
Important Concepts
Cost of
acquisition
Administrative
cost
Cost of
acquisition
Administrative
cost
Resettlement
areaResettlement
area
Small
FarmerSmall
Farmer
Displaced
FamilyDisplaced
Family
Marginal
FarmerMarginal
FarmerLandlessLandless
Land
Owner
Land
Owner
Affected
areaAffected
area
Affected
familyAffected
familyJUST
&FAIR
COMP
ENSATION
CONSULTATION
Public Purpose
80% consent
for
Administrative
cost
80% consent
for
Administrative
cost
Project for
project
affected
families
Project for
project
affected
families
Project for
planned
development
Project for
planned
development
Project for
housing for
such income
groups
Project for
housing for
such income
groups
Project for
project
affected
families
Project for
project
affected
families
Provision to
apply to
PPP
Provision to
apply to
PPP
Private
companies
acquiring
land for
public
purposes
Private
companies
acquiring
land for
public
purposes
Affected
areaAffected
area
Strategic
purposes ,
defense
related
Strategic
purposes ,
defense
related
JUST&
FAIRCOMP
ENSATION
CONSULTATION
Comparative Provisions of old Act and new Act.Sr.No.
Process Old Act Section
New Act Section
1 Preliminary notification 4 11
2 5 A Hearing 5A 15
3 Declaration of Resettlement Area & Public Purpose ( by Secretary or Officer Authorized)
6 19
4 Award 11 23/30/31
5 Correction of clerical errors. etc. 13A 33
6 Possession 16 38
7 Urgency Clause 17 40
8 Ref. to Court /Authority 18 64
9 Matters to be considered 23 27
Comparative Provisions of old Act and new Act.Sr.No.
Process Old Act Section
New Act Section
10 Matters to be ignored 24 28
11 Interest on excess compensation 28 72
12 Re-determination of compensation 28A 73
13 Apportionment of compensation 29 75
14 Payment of deposit in court/Authority 31 77
15 Interest 34 80
16 Temporary Occupation 35 81
17 Enforcing possession when opposed 47 91
18 Withdrawal from acquisition 48 93
19 Exemption from stamp-duty and fees 51 96
Paradigm shifts from the Land Acquisition Act, 1894 to the LARR Act, 2013
Shift 1894 Act 2013 LARR Act
Public Purpose
Includes several uses such as infrastructure, development and housing projects. Also includes use by companies under certain conditions.
No significant change except private companies for PPP.
Social Impact Assessment (SIA)
No provisionSIA has to be undertaken in case of every acquisition (Subject to pending Amendment Bill 2015)
Paradigm shifts from the Land Acquisition Act, 1894 to the LARR Act, 2013
Shift 1894 Act 2013 LARR Act
Consent from affected people
No generic mandatory provision.Consented Awards provided
• Consent of 80 per cent of land owners is obtained when land is acquired for private projects • Consent of 70 per cent of land owners is obtained when land is acquired for public-private partnership projects.• No consent required for infrastructure work of Govt .• Consent from affected persons in addition to land owners.
Paradigm shifts from the Land Acquisition Act, 1894 to the LARR Act, 2013
Shift 1894 Act 2013 LARR ActCompensation Based on the market
value. Market value doubled in rural areas and not in urban area
Market Value Based on the current use of land. Explicitly prohibits using the intended use of land while computing market value
Whichever is higher of: (a) value specified for stamp duty,
and - Ready Reckoner(b) average of the top 50% by
recorded price of sale of land in the vicinity
(c) Consented amount u/s 2(2)
Solatium 30 % 100 %
Paradigm shifts from the Land Acquisition Act, 1894 to the LARR Act, 2013
Shift 1894 Act 2013 LARR ActReturn of land to land owner
No provision Acquired land if not used within 5 years, it will be returned to Land Bank or land owners.
Sharing of profit /appreciation
No provision. If the acquired land is unused and is transferred, 20% of the profits shall be shared with the original land owners.
R&R No provision for R&R.
R&R necessary for all affected families. Minimum R&R entitlements to be provided to each affected family specified.
Maharashtra Policy on Land Acquisition Act, 1894 to the LARR Act, 2013
Sr. No
Prticulars 2013 LARR Act
1 Market Value of Land To be determined by ready reckoner value fixed under the Maharashtra Stamp Act (59 of 1958) and the Maharashtra Stamp (Determination of True Market Value of Property) Rules, 199
2
Multiplication Factor Land Compensation
1. Metropolitan Areas, A, B, C, Class Municipal Areas, Special Planning Authorities, Area Dev. Authorities, & New Townships
(market value x 1 ) plus value of assets attached to land or building)plus( 100% solatium)
2. Areas covered by Regional Plans & Development Plans (excluding above areas)
(market value x 1.5 ) plus value of assets attached to land or building)plus( 100% solatium)
3. Urban Areas (market value x 2) plus value of assets attached to land or building) plus( 100% solatium)
Rehabilitation and Resettlement ComponentsSr. No
Prticulars 2013 LARR Act
1 House is lost in rural area
A constructed house shall be provided as per the specifications of Indira Aawas Yojana (a house of 25 sq.mtrs.) or Rs. 1.65 lacs in lieu of house. The construction cost will be minimum Rs. 600 per sq.ft.which gives Rs. 1,61,400 excluding the cost of the developed land.
2 House is lost in rural area
A constructed house shall be provided of 50sq. mtrs. plinth area as per Public Works Department norms or Rs. 5.5 lacs in lieu of house.
Explanation.—Considering the construction cost of Rs. 1000 per sq.ft., the cost of house will be Rs. 5,38,000 excluding the cost of the developed land.
Rehabilitation and Resettlement ComponentsSr. No
Prticulars 2013 LARR Act
3 One time payment
One time payment of Rs. 5 lacs to each affected family to those who have eligible candidate for employment.
4 Subsistence allowance to the affected displaced families
Rs. 3000 per month for a year after displacement date. For the families belonging to Scheduled Castes or Scheduled Tribes such families will get additional Rs. 50,000..
Rehabilitation and Resettlement Components
Sr. No
Prticulars 2013 LARR Act
5 Transportation cost Rs. 50,000 per affected displaced
families..6 One time financial
assistance.Those families having cattle shed or petty shops will get Rs. 25,000 one time financial assistance.
7 One time grant One time grant for artisans, small traders of Rs. 50,000.
8 One time resettlement allowance
One time resettlement allowance of Rs. 50,000 after shifting of house.
Rehabilitation and Resettlement Components
Sr. No
Prticulars 2013 LARR Act
9 Stamp duty and registration charges
Stamp duty and registration charges will be borne by Requiring Body for the first transaction of the rehabilitated person only.
10 Requiring Body to provide infrastructure in Rehabilitation andResettlement area.
which includes the roads, drainage, Panchayatghar, post office,Samaj Mandir and other facilities as mentioned in the THIRD SCHEDULE
11 Provision of monetization ( on written consent)
10% plus the total per family cost of all the amenities to be provided under the THIRD SCHEDULE of the said Act—5% increase in inflation index increases on 1st Jan
Rehabilitation and Resettlement Components
Sr. No
Prticulars 2013 LARR Act
5 Transportation cost Rs. 50,000 per affected displaced
families..6 One time financial
assistance.Those families having cattle shed or petty shops will get Rs. 25,000 one time financial assistance.
7 One time grant One time grant for artisans, small traders of Rs. 50,000.
8 One time resettlement allowance
One time resettlement allowance of Rs. 50,000 after shifting of house.
Rehabilitation and Resettlement Components
Sr. No
Prticulars 2013 LARR Act
9 Stamp duty and registration charges
Stamp duty and registration charges will be borne by Requiring Body for the first transaction of the rehabilitated person only.
10 Requiring Body to provide infrastructure in Rehabilitation andResettlement area.
which includes the roads, drainage, Panchayatghar, post office,Samaj Mandir and other facilities as mentioned in the THIRD SCHEDULE
11 Provision of monetization ( on written consent)
10% plus the total per family cost of all the amenities to be provided under the THIRD SCHEDULE of the said Act—5% increase in inflation index increases on 1st Jan
The Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation & Resettlement Act 2013
Process Flow
Proposal is Received by the Appropriate Government
Social Impact Assessment (SIA) Conducted by
Appropriate Government ( Sec 4-6)
SIA report examined by Independent Expert
Group ( Sec 7)
Legitimacy of ‘Public Purpose’ and SIA to be
examined and approved by Appropirate Govt ( Sec 8)
1. Collector submits report on status of alternative sites
2. Consent of affected sought in projects falling under Sec 2(b)
1. Pre Notification
Origin and emergence of SIA• SIA concept can be traced to the 17th century in
western societies…….• United States National Environmental Policy Act
(NEPA) in 1969 considered landmark legislation.• Developed countries have integrated SIA in their
planning process----making planning a participatory process…..
• International learning is ……..
• Failure to integrate SIA into the planning process diminishes the significance of rational planning and weakens the quality of its ultimate decisions.
Objectives of SIA
Cost benefit Analysis & verifying no
alternate location feasible.
Whether acquisition
serves public Purpose… Ensuring
social equity by identifying potential affected &
displaced families
Mitigating negative social
effect..whether land requirement
absolutely bare minimum
Enhancing Social inclusion in
deciding actual extent of impact/effect.
SIA Planafter public
hearings
Social Impact Assessment Cycle
Social Impact Assessment
1
2
3
45
6
6
Analyze Project Context
Identify & analyzeStakeholder
Identify social factors/
variables
Analyze data and assess priorities Consult stakeholders &
develop mitigative plans
Implement mitigation
plan & public participation
Ensure monitoring with active stakeholder
involvement & modify it.
NotificationPublication of Preliminary
Notification to acquire ( Sec 11 )
Public Hearing; disposal of Objections( Sec 15) by Collector & report to
Appropriate Govt.
Finalization of R&R Scheme, Prepare & Review ( within
6 months of PN) ( Sec 16-17) Draft declaration & R & R Scheme
published ( Sec 19) Award for
Compensation Sec-23 Solatiutm Sec- 30
& for R&R (Sec 31)
Right to enter lands, carry our survey & markings S-12
Any damage caused during survey to be paid for S.13
Every notification & Declaration shall be mandatorily published in
• The Official Gazette • Two widely cirulated daily news papers ( one
in local language) • Office of Panchayat, local bodies, collector, Sub
divisional Officer & tahsil • Uploaded on the website of the Appropriate
government • In the affected areas.
continued• Publication of Preliminary notification. Sec.11 • Preliminary survey of land .• Draft RR scheme to be prepared by
Administrator.(DRO ,SLAO)• Publish draft scheme as per sec 16.• Public Hearing by Administrator in Gram P.• Commissioner –Approve the draft scheme.• Declaration of final RR scheme by the
Commissioner.------sec.19 = sec [email protected]
Pre Notification Stage
Sr.No.
Process Time Frame
1 SIA Study (Sec-4(2) 2nd proviso) 6 Months
2 Appraisal by expert group –for reasoned recommendation(Sec-7(4) (b) )
2 Months
3Examination by appropriate Govt & issuance of Pre Notification (Sec-14)(From The date of appraisal by Expert Group)
12 months from SAI Report
Sr.No.
Process Time Frame
1 Record updation & corrections (Section 11(5)) 2 Months
2 Public hearing / Preparation of R&R schemes / declaration of R&R
2 Months
Notification Stage
Sr.No. Process Time Frame
1 Declaration of “Resettlement Area”(Sec 19(2) -3rd proviso & 19(7)) by Secretary or officer authorized.
12 Months from Sec-11 notification
2 Land Acquisition Award u/s 23, 25 & 30
12 Months from Sec-19 declaration
2 Payment of compensation 3 Months
3 R & R award u/s 31 6 Months
Note: 1. Only after that we can get Possession of land. 2. Infrastructural facilities under R&R- 18months
Post Notification Stage
Sr.No.
Process Time Frame
1 Reference to be made by aggrieved being a person who represented before Collector.
Within 6 weeks of Award
2 In other cases Reference to be made by aggrieved being a person.
Within 6 weeks of receipt of notice u/s 21 or within 6 months of Award
3 Sending Reference to Authority 30 days of receipt
4 If not sent….Applicant to approach Authority
Within 30 days
Post Award Stage
Compensation for Land• Market Value of Land [ MV] as determined
under Sec 26-28 • Value of Assets [VA] attached to the property
being acquired such as trees, plants, wells and the like (Sec 29)
• Final Award= MV * Factor + VA + Solatium • where, Solatium = MV* Factor + VA [ Sec 30] • & Factor could range from 1 for Urban areas
up to a max of 2 for Rural areas {see Schedule I} (To be decided by Appropriate Government)
Awards
Award for Land AcquisitionAward made in respect of every affected family whose land is being acquired (this will include landless tenants as well) and containing details of LA compensation as listed in the First Schedule; ( Sec-23 r/w 30(2)
Award for R&R Award made in respect of every affected family, regardless of whether they may be losing land or not, containing details of R&R entitlements as listed in the Second Schedule. ( Sec-31 )
Urgency Clause (SEC-40)
• The Urgency Clause can only be invoked in the following cases:
• National defence and security purposes • Resettlement & Rehabilitation needs in the
event of natural calamities such as floods or earthquakes or any other emergency with the approval of the Parliament.
R&R Applicability in certain persons other than specified persons- (sec 46)
• Any person other than specified person is purchasing land through private negotiation has to file an application before the Collector, notifying him of intent to purchase, purpose and particulars of land; (limit notified by AG)
• “Specified persons” includes any person other than- -– Appropriate Government; -– Government company; – -Association of persons or trust or registered
society. [email protected] 38
S.I.A.(mandatory in all cases except acq. by
urgency clause.) (u/sec.4)
• AGENCY----- State SIA unit.• SIA Notification within 30 days after depositing processing fee.• SIA shall be conducted in consultation with Panchayat,
M.C. ,or Mun. Corp. followed by Public Hearing.• SIA Report in Form 1 to state Govt. in 6 months • SIA REPORT---Project Feasibility Report.• Project Impact Report.• Social Impact Management Plan.(Form 2)• Publication of SIA study Report.• Public hearing by appropriate govt.• Expert group for evaluation of SIA report.
R&R Applicability in certain persons other than specified persons- (sec 46)
• Any purchase of land by a person other than specified person without complying with the provision of R&R Scheme shall be void ab initio.
• Collector shall pass individual award covering R&R provision based upon the R&R scheme approved by Commissioner.
• Appropriate Government may notify area for such limits on sale and purchase.
• Any land purchased through negotiations on or after 5th Sept. 2011 and acquired within three years from the date of commencement of this Act,then,40% compensation shall be shared with original land owners.
Infrastructural Amenities under R&R (3 rd Schedule)
• 25 infrastructural amenities to be provided in the Resettlement area, including:
• Schools and playgrounds; • Health Centres; • Roads and electric connections; • Assured sources of safe drinking water for each family as per Govt.
norms; • Panchayat Ghars as appropriate; • Anganwadi’s providing child and mother supplemental nutritional
services as per Govt norms; • Places of worship and burial and/or cremation ground depending on the
caste-communities at the site and their practices; • Village level Post Offices, as appropriate, with facilities for opening
saving accounts; • Fair price shops and seed-cum-fertilizer storage facilities if needed
Sec-24 -Retrospective Effect Clause• Clarification issued in respect of
retrospective operation of the Act as prescribed u/s 24 of the New LA Act 2013-
• Where the notification of Sec-4 [under the Old LA Act 1894] has been issued prior to 31.12.2013 and award (u/s 11 of the said Act) has not been made, the procedure will continue as per the old Act subject to the condition that the new act will apply for determination of compensation
Sec-24 -Retrospective Effect Clause• Where notification u/s 4 of the Old LA Act
has not been published by the said date, all the earlier proceedings will lapse and the acquisition can proceed under the provisions of the New Act 2013.
• Where an award has been made before 1.1.2009, but the possession of land has not been taken OR compensation has not been paid, the acquisition proceedings would be deemed to have lapsed.
Reference provisions (sec- 64,65,72, 73 & 76)
• Any person interested who has not accepted the award may, by written application to the Collector requires that the matter be referred to the Appropriate Authority.
• The “Appropriate Authority ”means the Land Acquisition and Resettlement Authority established under section 51 of the Act.
Reference provisions (sec- 64,65,72, 73 & 76
• Reference shall be made within a period of thirty days of receipt of application.
• In making the reference, Collector’s statement shall be forward in writing.
• Collector may be directed to pay interest on excess compensation or re-determination of amount of compensation by the Authority.
• Disputes as the apportionment of the compensation may be referred by the Collector to the Authority.
Transparency Provisions• Social Impact Assessment
– Gram Sabha to be consulted (Sec-4)
– Summary of SIA notified along with Draft Notification (Sec-6)
– SIA document made available for public scrutiny
• R&R Scheme (Sec-16) – Summary notified along with Draft declaration
Made available for public scrutiny.
• Individual Awards declaration (Sec-30(2)) • Public Disclosure – All documents mandatorily to be made available in
the public domain and on the [email protected] 47
Important Changes
Section-99No Change of
Purpose
Section-101 Land not Used within 5 years to be returned to Land Bank/ Land
Owner
Section 100No Change of
Ownership
Section 46(6) Sharing
appreciated value
Important Features
1 Safeguarding Food Security
• Multi crop area to be avoided • As last demonstrable resort, if needed as per limit fixed for all projects in a district by AG except Road, Railway etc.• equivalent area of cultural wasteland shall be developed• or an amount equivalent to value of land acquired to be deposited with AG for food security
2 Special Provisions for SC/ST
SC/ST PAP in addition to R&R package• Land to each family in irrigation project• One time financial assistance of Rs.50,000• Families settled out of district to get 25% of RR package extra• 1/3 rd comp advance, DP to be prepared• Reservation to be continued….
Important Features
3 Special provision for Farmers
• Acquisition only if necessary. • Enhanced compensation (as per schedule 1)• Strict restrictions on multi crop acquisition. Consent … a) 70 % consent for acquisition of public private
partnership projects . b) 80 % consent for acquisition of private
companies.
c) Return of unutilized land (Sec. 101)d) Share in sale of acquired land increased value
if sold to another without development. (Sec-102)
e) Income Tax Exemption / Stamp Duty Exemption (Sec-96)
Benefits for agricultural laborers, Tenants & Share-croppers
& Share-croppers
4 • Tenants who may not own any land but are engaged in any form of tenancy or holding a
usufruct right are covered under this Act. • Share-croppers, Artisans who have been working in
the affected area for 3 years prior to the acquisition and whose primary source of livelihood stands affected by the acquisition of land.
• They will receive not just the R & R benefits but also a share in the compensation to be provided.
Definition of “Affected families”Land Owners
1. Family or Company whose land /other immovable properties has been acquired.
2. Those who are assigned land by the Govt. under various schemes
3. Right holders under the Forest Rights Act.2006
Livelihood Losers
4. Over the last three years , a family whose livelihood is primarily dependent on the land being acquired, including agriculture laborers, tenants or sharecroppers. [email protected]
Retrospective operation: (section 24)• Where no award under section 11 of the 1894 Act has been
made, the new law will apply with regard to compensation.(sec.24/a )
• Where award has been made then proceedings shall continue under L A Act as if Act not been repealed. (sec.24/b)
• When an award has been made but the affected individuals have not accepted compensation or have not yet given up possession, and the proceedings have been pending for 5 years or more, provisions of the new law will apply. (sec 24/2
Provided when a majority of individuals in an affected area have not received compensation then the new law will apply.
Transparency Provisions • S.I.A.- Gram Sabah to be consulted.- Summary of SIA notified along with draft notification.- SIA document made available for public scrutiny.• R & R Scheme- Summary notified along with draft declaration made available for public scrutiny.• Individual Awards passed• Public Disclosure - All documents mandatorily to be made available in
the public domain and on the website.
Timelines1. Compensation will be given within a period of 3
months from the date of the award.2. Monitory R & R entitlements will be provided within
a period of 6 months from the date of the award.3. Infrastructure R & R entitlements will be provide
within a period of 18 months from the date of the award.
4. No involuntary displacement will take place without completion of R & R
5. In irrigation or hydel projects, R & R shall be completed 6 months prior to submergence.
Safeguards against indiscriminate acquisition
• SIA made mandatory except for irrigation projects, where EIA has obtained. (section 6/2 )To be concluded in 6 months
• Draft notification to include : - Summary of SIA - Particulars of Administrator for R & R who prepares R & R Scheme.
• Draft Declaration to include :- Summary of R & R package
• No Change of Purpose:- No Change from the purposes specified in the land use plan submitted at the time of land acquisition will be allowed .
Safeguards against indiscriminate acquisition
• Change of ownership :
- No change of ownership without specific permission of Appropriate Govt. is allowed.
• Land not Used : - Land that is not used within 5 years in accordance with the purposes for which it was acquired at the time of acquisition, shall be transferred to the State Governments Land Bank or to the original land owner.
• Sharing Appreciated Value :- Upon every transfer of land without development, 40% of the appreciated land value shall be mandatorily shared with the original owner whose land has been acquired .
Important Provisions • For urgency clause – Gove . sanction is necessary • Powers of Declaration / Previous approval of Award Compensation amount Up to 4 cr. -- S.L.A.O/ S.D.O 4 cr. to 10 cr. -- CollectorAbove 10 cr. -- Divisional Commissioner • If Land is to be acquired for urbanization 20 % of develop land to be kept reserve and allot to affected persons
with the cost of land + development
Important Provisions
• If land is acquired /purchase by private company from private land owner admeasuring more than 1000 ha then provisions of R &R will be applicable. (section 46 )
• R& R authority shall dispose of reference u/s 64 within 6 months
If land is acquired /purchase by private company from private land owner admeasuring more than 1000 ha then provisions of R &R will be applicable. (section 46 )
R& R authority shall dispose of reference u/s 64 within 6 months.
Amendment Bill 2015
LA provision
s to 13 Acts
Land Return
provision relaxed
Retrospective application of
new LA Act ..calculation
of period
Not Private Companies but
‘Private Entities ’AG may specify limit for
acquiring Multicrop irrigated lands
Prior sanction
for prosecution
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