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Land Acq. Bill

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land acq bill
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  Land acquisition topic is very important for almost all competitive exams of India starting from UPSC, State PSC, CPF, APFC, Bank and   MBA   Group Discussion / Interviews. 1.   What is Land Acquisition?    2.   How is this process governed?    3.   Land is a state subject then how can the parliament pass a law?    4.   What is the problem with land acquisition act of 1894?    5.   Why was new law required?    6.   What are the major changes being proposed?    7.   Land acquisition Bill, 2011: Salient Features       Introduction     Excluded     Then where is it applicable?       Applicable even to private companies       Government can acquire land for Public Purposes       Consent     Limits on land acquisition       Compensation       Dispute resolution       What if the acquired land is not used?    8.   Download Pro Con analysis and summery    What is Land Acquisition?      Land acquisition is the process by which the government forcibly acquires  private property for public purpose without the consent   of the   land-owner.    It is thus different from a land purchase, in which the sale is made by a willing seller. How is this process governed?      Land Acquisition is governed by the Land Acquisition Act, 1894. The government has to follow a process of    declaring   the land to be acquired, notify   the interested persons, and acquire the land after paying due compensation.    Various state legislatures have also passed Acts that detail various aspects of the   acquisition process.  Land is a state subject then how can the parliament pass a law?   Though land is a state subject, “acquisition and requisitioning of property” is in the concurrent list. Both Parliament and state legislatures can make laws on this subject. What is the problem with land acquisition act of 1894?      very old, ineffective, weak    draconian    delayed and no compensation    no livelihood provisions afterwards Why was new law required?      Heightened public concern: Singur, Yamuna Express etc.    absence of proper rehabilitation law    anticorruption movement     public unrest at many places    Law and order problems: police and farmer clashes in UP The government had introduced a Bill to amend this Act in 2007. That Bill lapsed in 2009 at the time of the general elections. The government enacted a   new bill   in 2011. What are the major changes being proposed? In 2011, the (bogus UPA) Government made changes in 2007 Bill with regard to    the purpose for which land may be acquired;    the amount of compensation to be paid;    the process of acquisition;    use of the land acquired; and    dispute settlement   mechanisms.   Land acquisition Bill, 2011 Introduction    Land Acquisition, Rehabilitation and Resettlement Bill, 2011 was introduced  by the Minister of    Rural Development.      The Bill proposes a unified legislation for acquisition of land and adequate rehabilitation mechanisms for all affected persons    replaces the Land Acquisition Act, 1894  Excluded     provisions of this Bill shall not apply to 16 existing legislations that provide for land acquisition. These include 1.   The Atomic Energy Act, 1962, 2.   The National Highways Act, 1956, 3.   SEZ Act, 2005, 4.   Land Acquisition (Mines) Act, 1885, 5.   The Railways Act, 1989. Then where is it applicable?     provisions of the Bill shall be applicable in cases when the appropriate government acquires land, 1.   for its own use and control, 2.   to transfer it for the use of     private companies   for public purpose, and   3.   on the request of private companies for immediate use for public purpose Applicable even to private companies     private companies shall provide for rehabilitation and resettlement if they  purchase or acquire land, through private negotiations, equal to or more than 100 acres in rural areas and 50 acres in urban areas. Anti-argument    It is not clear whether Parliament has jurisdiction to impose rehabilitation and resettlement requirements on private purchase of    agricultural land.      While private companies are included, but PSUs are excluded from the responsibility of rehabilitation. Government can acquire land for these Public Purposes 1.   strategic   defense    purposes and   national security,   2.   roads, railways, highways, and ports, built by government and public sector enterprises 3.    project affected people, 4.    planned development   or improvement of villages.   5.   residential purposes for the    poor    and landless.   Public purpose includes other    government projects   which benefit the public as well   as provision of public   goods and services    by private companies or public-private    partnerships.  Consent    Land acquisition   will   require the consent of 80 per cent of project affected  people    Affected families include those whose livelihood may be affected due to the acquisition, and includes landless labourers and artisans. Anti-argument    Projects involving land acquisition and undertaken by private companies or     public private partnerships   require the consent of 80 per cent of the people   affected. However, no such consent is required in case of PSUs. Limits on land acquisition    maximum of five per cent of irrigated multi-cropped land may be acquired in a district, with certain conditions.    Every acquisition requires a   Social Impact Assessment   (SIA) by an   independent body followed by a preliminary notification and a final award by the District Collector.    In the case of urgency, the Bill proposes that the appropriate government shall acquire the land after 30 days from the   date   of the issue of the notification (without SIA).    This clause may be used only for defence, national security, and conditions arising out of a national calamity. Compensation    The value of the assets (trees, plants, buildings etc) attached to the land being acquired will be added to this amount.    mandated the    job   for one person in each affected family or Rs. Two lakhs      separate allowance for SC,ST     provision for housing, if the land is acquired for housing projects Anti-Argument 1.   The   market value   is based on recent reported transactions. This value is doubled in rural areas to arrive at the   compensation amount. This method may   not lead to an accurate adjustment because people   sell land   to each other at underreported price to save stamp duty. 2.   The government can temporarily acquire land for a maximum period of three years. There is no provision for rehabilitation and resettlement in such cases.

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Jul 30, 2017
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