)
The Land Acquisition Bill, likely to be taken up for discussion in the Lok Sabha on Tuesday, would be applicable with retrospective effect, according to amendments approved by the Cabinet. To an extent, the amendments seek to satisfy the Bharatiya Janata Party (BJP) and the Left, besides heeding the demands of civil society.
The clause for retrospective effect was inserted after a meeting of a group of ministers, as well as an all-party meeting, both of which raised this demand, the rural development ministry said. The new compensation norms would now be applicable with retrospective effect in all cases in which no award has been made under Section 11 of the existing Act.
According to another amendment, for cases in which the award of land has been made but possession hasn’t been recorded yet, or compensation has not been paid for at least five years prior to the commencement of the Act, “The proceedings shall be deemed to have lapsed and the appropriate government shall initiate the process of such acquisition afresh, in accordance with the provisions of this Act”.
The “compensation shall be deemed to have been paid only where it is credited in the bank account of the individual whose land is sought to be acquired”, the amendment says.
Amendments made in response to demands by the BJP primarily relate to permission to lease rather than acquire land, and the payment of half the compensation for recent acquisitions to original owners.
Leasing of land
A new clause, Section 97, has been added to encourage states to adopt the leasing option, as sought by BJP. According to the new clause, “notwithstanding anything contained in this Act, state governments shall be free to exercise the option of leasing arrangements for the land in question”.
Private purchase after Sept 5, 2011
On private purchase, an amendment to Section 42 says, “If land has been purchased through private negotiations by individuals on or after September 5, 2011, which is more than the threshold limit prescribed by state governments and this is acquired within three years of the commencement of this Act, 40 per cent of the compensation paid for the land acquired shall be shared with the original land owners.’’
Left demands
Responding to the demands of the Communist Party of India (Marxist), the government has made a few amendments to ensure state legislation or central amendments don’t dilute the compensation and rehabilitation and resettlement provisions of the Act.
Right to tenants
Another key demand of the Left parties related to the right of tenants during land acquisition. An amendment has been made to provide for this. To include tenants, an affected family has been redefined. The amended Bill says, “The following components shall constitute the minimum compensation package to be given to those whose land is acquired and, in a proportion to be decided by the state government, to those tenants who have been living in the area for a period of not less than three years from the date of acquisition.”
It adds, “Tenants include families that do not own any land; a member or members of such family may be agricultural labourers or tenants, including any form of tenancy or holding of usufruct right, share-croppers or artisans or those who may be working in the affected area for three years prior to the acquisition of the land, whose primary source of livelihood is affected by the acquisition of land.”
Consent of gram sabhas
Primacy has also been granted to gram sabhas, in line with the demands of civil society members. Under the head “Special Provisions for Scheduled Castes and Scheduled Tribes”, the Bill says, “In case of acquisition or alienation of any land in scheduled areas, the prior consent of the gram sabha concerned or the Panchayats or the autonomous district councils, at the appropriate level in scheduled areas under the fifth schedule to the Constitution, as the case may be, shall be obtained, in all cases of land acquisition in such areas, including acquisition in case of urgency, before issue of a notification under this Act, or any other central or state Act for the time being in force, according to the provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 and other relevant laws.”
This has an explanatory cause that says this would be so, “provided the panchayats or the autonomous districts councils are involved for the purposes of consent only in cases where a gram sabha does not exist, or has not been constituted”.
D Raja of the Communist Party of India said three of the demands of the Left had been incorporated. “We had demanded conversion of farm land for non-farm use should not be allowed. But this has been ignored,” he said.
The clause for retrospective effect was inserted after a meeting of a group of ministers, as well as an all-party meeting, both of which raised this demand, the rural development ministry said. The new compensation norms would now be applicable with retrospective effect in all cases in which no award has been made under Section 11 of the existing Act.
According to another amendment, for cases in which the award of land has been made but possession hasn’t been recorded yet, or compensation has not been paid for at least five years prior to the commencement of the Act, “The proceedings shall be deemed to have lapsed and the appropriate government shall initiate the process of such acquisition afresh, in accordance with the provisions of this Act”.
The “compensation shall be deemed to have been paid only where it is credited in the bank account of the individual whose land is sought to be acquired”, the amendment says.
Amendments made in response to demands by the BJP primarily relate to permission to lease rather than acquire land, and the payment of half the compensation for recent acquisitions to original owners.
Leasing of land
A new clause, Section 97, has been added to encourage states to adopt the leasing option, as sought by BJP. According to the new clause, “notwithstanding anything contained in this Act, state governments shall be free to exercise the option of leasing arrangements for the land in question”.
Private purchase after Sept 5, 2011
On private purchase, an amendment to Section 42 says, “If land has been purchased through private negotiations by individuals on or after September 5, 2011, which is more than the threshold limit prescribed by state governments and this is acquired within three years of the commencement of this Act, 40 per cent of the compensation paid for the land acquired shall be shared with the original land owners.’’
Left demands
Responding to the demands of the Communist Party of India (Marxist), the government has made a few amendments to ensure state legislation or central amendments don’t dilute the compensation and rehabilitation and resettlement provisions of the Act.
Right to tenants
Another key demand of the Left parties related to the right of tenants during land acquisition. An amendment has been made to provide for this. To include tenants, an affected family has been redefined. The amended Bill says, “The following components shall constitute the minimum compensation package to be given to those whose land is acquired and, in a proportion to be decided by the state government, to those tenants who have been living in the area for a period of not less than three years from the date of acquisition.”
It adds, “Tenants include families that do not own any land; a member or members of such family may be agricultural labourers or tenants, including any form of tenancy or holding of usufruct right, share-croppers or artisans or those who may be working in the affected area for three years prior to the acquisition of the land, whose primary source of livelihood is affected by the acquisition of land.”
Consent of gram sabhas
Primacy has also been granted to gram sabhas, in line with the demands of civil society members. Under the head “Special Provisions for Scheduled Castes and Scheduled Tribes”, the Bill says, “In case of acquisition or alienation of any land in scheduled areas, the prior consent of the gram sabha concerned or the Panchayats or the autonomous district councils, at the appropriate level in scheduled areas under the fifth schedule to the Constitution, as the case may be, shall be obtained, in all cases of land acquisition in such areas, including acquisition in case of urgency, before issue of a notification under this Act, or any other central or state Act for the time being in force, according to the provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 and other relevant laws.”
This has an explanatory cause that says this would be so, “provided the panchayats or the autonomous districts councils are involved for the purposes of consent only in cases where a gram sabha does not exist, or has not been constituted”.
D Raja of the Communist Party of India said three of the demands of the Left had been incorporated. “We had demanded conversion of farm land for non-farm use should not be allowed. But this has been ignored,” he said.
