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Indian Government Unveils Draft Land Acquisition Bill |
| Source: |
southasia.oneworld.net |
| Source Date: |
Monday, August 01, 2011 |
| Focus: |
ICT for MDGs
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| Country: |
India |
| Created: |
Aug 02, 2011 |
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The new draft legislation combines issues of rehabilitation and resettlement into a single Land Acquisition Bill. A minimum of six times the market value will be provided in return of rural land which can be acquired only after consultations with the gram sabha.
New Delhi: The United Progreesive Alliance government on July 29, unveiled its second draft Bill addressing the critical issues of land acquisition, rehabilitation and resettlement. The National Land Acquisition and Rehabilitation and Resettlement Bill, 2011 clearly defines ‘public purposes’ for land acquisition while delineating rehabilitation and resettlement, compensation to land owners as well as livelihood losers in the process.
A woman sits on the ground at a transit camp for villagers who have been displaced in Jagatsinghpur district in Orissa/ Photo credit: Vivek Prakash/ Reuters Commensurate with the recommendations of the National Advisory council, Union Minister Jairam Ramesh has proposed a single bill combining issues of land acquisition, rehabilitation and resettlement to avoid neglect of the latter. The new bill makes it mandatory that gram sabhas are consulted and the R&R package is executed before the acquired land is transferred.
The draft legislation invites comments online from the general public. The Ministry has given the public time till August 31 to send their comments and introduce it in Parliament before the scheduled closure of the monsoon session on September 8.
Prime Minister Dr. Manmohan Singh had stressed that Mamta Banerjee and other dissenting leaders should be taken on board to resolve the internal conflicts on the issue. In view of Banerjee's opposition to the NAC's recommendations, the Bill leaves it to States to choose to intervene in the process of land acquisition, and the extent of their role.
Key provisions
The government was spurred into redrafting the new Bill in the wake of the turmoil in Uttar Pradesh, where farmers opposed the acquisition of land by the State. Prime Minister Manmohan Singh had directed Mr. Ramesh's predecessor Vilasrao Deshmukh to finalise the Bills and introduce them at the monsoon session of Parliament.
Under the proposed law, the R&R package would necessarily have to be executed for land acquisitions in excess of 100 acres by private companies. The law also prohibits private companies from purchasing any multi-cropped irrigated land for public purposes.
While the State government would not have any role in acquisition of land, it would come into the picture if the private companies petitioned for such an intervention. The government would do so only if the acquisition would benefit the general public.
To safeguard against indiscriminate acquisition, the Bill requires States to set up a committee under the Chief Secretary to approve that the acquisition is of “public purpose” and the social impact assessment for the land in question. If the acquired land was not put to use for within five years of the acquisition, it would be returned to the original owner.
Greater role of gram panchayats
For the first time, the government has acknowledged the role of the gram sabha in the process of land acquisition, stressing that they would have to be “consulted”. This has been done to comply with other laws, such as the Panchayat (Extension to the Scheduled Areas) Act (PESA), 1996; the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006; and Land Transfer Regulations in Schedule V (Tribal) Areas.
The Ministry of Panchayati Raj had opposed the earlier draft, stressing that the approval of the gram sabha was necessary for land acquisition under PESA.
The draft Bill will enjoy primacy over 18 other laws pertaining to land acquisition. Its provision will be in addition to and not in derogation of the existing safeguards currently provided for in these laws.
Compensation & benefits
Both the land owners and livelihood losers will have to be paid compensation. In rural areas, the compensation will amount to six times the market value of the land while in urban areas it would be at least twice the market value. Apart from this, the landowners will be entitled to a subsistence allowance of Rs.3,000 per month for 12 years and Rs.2,000 as annuity for 20 years, with an appropriate index for inflation.
In the cases of land acquired for urbanisation, 20 per cent of the developed land would be reserved and offered to the land owners in proportion to the acquired land. In addition, every affected family would be entitled to one job, else Rs.2 lakh.
Those who lost their house in the land acquisition process would be provided a constructed house with, in rural areas, plinth area of 150 sq. m, and 50 sq. m in urban areas, as well as a one-time resettlement allowance of Rs.50,000.
If the land acquired is for an irrigation project, one acre of land would be provided to each affected family in the command area.
Livelihood losers would get a subsistence allowance of Rs.3,000 per month per family for 12 months and Rs.2,000 per month for 20 years as annuity, factoring in inflation. Scheduled Caste and Scheduled Tribes would get a special package wherein each family was entitled to one acre of land in every project. Those settled outside the district would be entitled to an additional 25 per cent of R&R benefits. The draft envisages that ST families be paid one-third of the compensation amount at the very outset.
They will also have preference in relocation and resettlement in an area in the same compact block and free land for community and social gatherings.
Special provision for STs
If 100 or more ST families are displaced, a Tribal Displacement Plan would be put in place. It would include settling land rights and restoring titles on alienated land and development of alternate fuel, fodder and non-timber forest produce.
STs and SCs would also get, in the resettlement area, the reservation and other benefits they were entitled to in the displaced area.
The resettlement area should provide at least 25 infrastructural amenities including schools and playgrounds, health centres, roads and electric connections, assured sources of safe drinking water for each family, panchayat ghars, fair-price shops and seed-cum-fertiliser storage facilities, places of worship and burial and cremation grounds.
Tribals displaced by mining projects
The Central government has also called for higher compensation for tribals displaced by forestland. Tribal affairs minister Kishore Chandra Deo, who took charge this month, wants a clear policy on higher compensation to people displaced because of the increasing number of private projects on forestland. the tribal groups have demanded a national policy on the rehabilitation of tribals displaced by large-scale mining across India. Over 1.64 lakh hectares of forestland has been lost due to mining affecting lakhs of tribals.
It is noteworthy that three districts in Jharkhand, Orissa and Chattisgarh account for 70% of India’s coal and 80% of iron-ore reserves but are still amongst the poorest regions of the country.
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