SECTION 1 OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 - ENFORCEMENT ...
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
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 Land Acquisition Bill is not against industrialization and urbanization as there is no bar on purchase of private land.
- 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 nearly 120-year-old law enacted during British rule in 1894. It lays emphasis on Rehabilitation & Resettlement
- It calls for taking the consent of 80% of land owners for acquiring land for private projects and of 70% landowners for public-private projects.
- 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 and 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, 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 and 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 and 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 Fifth Schedule referred to in the Constitution.
Also see full presentation on the act at