Land Acquisition, Rehabilitation & Resettlement Bill 2011: 13 Substantive Amendments ...

Land Acquisition, Rehabilitation and Resettlement Bill 2011

The 13 Substantive Amendments are given below.

a Revised Definition of Public Purpose and Revised Consent Requirements (*):

Given the observations made by the Standing Committee that the definition of public purpose needed reworking, an amendment has been made which collates the previously scattered definition of public purpose and streamlines it to make it easier to understand.

a Restrictions on Multi-Crop Land Acquisition left to the States:

 In response to the recommendations made by the Standing Committee that since States better understand the peculiar and unique circumstances in their regions, the fixation of the cap should be left to them, an amendment has been made to allow State Governments to fix the limits on the acquisition of multi-crop land.

aRestrictions on Agricultural Land Acquisition left to the States

 In response to the recommendations made by the Standing Committee that since States better understand the peculiar and unique circumstances in their regions, the fixation of the cap should be left to them, an amendment has been made to allow State Governments to fix the limits on the acquisition of agricultural land.

aRestrictions on Private Purchase of Land left to the States

 In response to the recommendations made by the Standing Committee that since land purchase falls within the legislative domain of the States they should be allowed to fix the limits of private purchase. If these limits are crossed then the Rehabilitation and Resettlement provisions of this law will apply.

a Second Amendment on Restriction of Private Purchase 

 A second amendment in furtherance of the preceding amendment has been made to empower states in the fixation of purchase limits.

aAdditional Compensation in case of double displacement 

 A new section has been inserted to provide for additional compensation if n affected family is displaced twice.

aSpecial Provisions for Scheduled Castes and Scheduled Tribes 

Special provisions have been inserted specifically for Scheduled Castes and Scheduled Tribes in the body of the Act. These include greater benefits and enhanced safeguards.

aProvision for Reservation and other benefits 

This amendment has been inserted specifically for Scheduled Castes and Scheduled Tribes in the body of the Act in continuation of the previous amendment.

a State Level Monitoring Committee 

A State Level Monitoring Committee has been established on the recommendations of the Standing Committee to provide supervision over R&R functions.

a Period for return of unutilised land reduced 

 The period for the return of unutilised land has been reduced to 5 years from 10 years.

a Unutilised land may be returned to the original owners 

 An amendment has been made which allows the State Governments the option to return the land to the original owners if they so decide.

a Extension of the new law to exempted Acts 

In response to the recommendation made by the Standing Committee, an amendment has been made to extend the provisions of this Act to all the exempted legislations in the Fourth Schedule within a period of one year of its commencement.

a The provisions relating to Scheduled Castes and Scheduled Tribes have been removed from the Schedule to the Law 

 And bought into the main legislation as recommended by the Standing Committee.

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