SECTION 1 OF THE
RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION
AND RESETTLEMENT ACT, 2013 - ENFORCEMENT OF ACT - NOTIFIED DATE OF ENFORCEMENT
OF SAID ACT
NOTIFICATION NO. SO
3729(E) [FILE NO.13011/01/2013-LRD], DATED 19-12-2013
From 1st day of
January, 2014..
In exercise of the
powers conferred by sub-section (3) of section 1 of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (30 of 2013), the Central Government hereby appoints the
1st day of January, 2014 as the date on which the said Act shall come into force.
Salient Features of
the New Land Acquisition Act:
The Land Acquisition
bill has been renamed as the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Bill , 2013.
* The new act concerns only such cases where
the land will be acquired by Central or State Authorities for any public
purpose.
* The new act replaces a about 120 year-old
law enacted during British rule in 1894. It lays emphasis on Rehabilitation
& Resettlement
* The Act calls for taking the consent of 80 % of land
owners for acquiring land for private projects and of 70 % landowners for
public-private projects.(PPP)
* It also tries to
lay down a transparent process for land acquisition for industrialization,
development of essential infrastructural facilities and urbanization by giving
adequate financial compensation to the affected people.
* It gives priority
to the interests of the farmers, landless labourers, dalits & tribals.
* Multi-crop
irrigated land will not be acquired except as a demonstrably last resort
measure. Wherever multi-crop irrigated land is acquired an equivalent area of
culturable wasteland shall be developed for agricultural purposes. States are
also required to set a limit on the area of agricultural land that can be
acquired in any given district.
* It
also provides for leasing of land to developers / promoters, instead of sale,
so that the ownership will remain with the original land holders and they can
also have a regular income by way of lease rent; the terms of lease to be laid
down by the State Government according to type of land, location, market rates
etc.
* The Act clearly enunciates the issues
relating to acquisition, award, compensation & rehabilitation and also
curtails the discretionary powers of the District Magistrates.
* Central Acts which
are outside the purview of the new Act have to conform to the provisions of
compensation and Rehabilitation and Resettlement package within one year of the
coming into force of the legislation.
* Where land is acquired for urbanisation, 20 %
of the developed land will be reserved and offered to land owning project
affected families, in proportion to their land acquired & at a price equal
to cost of acquisition and the cost of development.
* The Consent of Gram
Sabha is mandatory for acquisitions in Scheduled Areas under the 5th Schedule
referred to in the Constitution.
See full presentation
on the act at following link
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