Sunday, October 20, 2013

Land Acquisition Act to come into force on Jan. 1


  • Land Acquisition Act implemented by the Ministry of Rural Development would come into force on January 1, 2014.
  • The Ministry’s website specifies draft rules elaborating the process of implementation of the law, and also invites comments from stakeholders, including industries, non-governmental organisations and civil society.
  • The bill proposes a unified legislation for acquisition of land and adequate rehabilitation mechanisms for all affected persons.
  • A permanent Rules Advisory Committee at the Central level comprising State governments and stakeholders has been constituted to review implementation of these rules.
  • With the Centre deciding to implement the Act early replacing the 119yr old legislation, State governments would have to set up at least six bodies soon, including the state-level Land Acquisition Rehabilitation and Resettlement Authority, to hear disputes arising out of projects where land acquisition had been initiated by the State or its agencies.
  • Governments should take immediate steps to create and establish the State Social Impact Assessment Unit, the office of the Commissioner Rehabilitation and Resettlement, and the State- Level Monitoring Committee.
  • Additionally, for each project, governments should also constitute bodies, including an expert group to appraise Social Impact Assessment, the office of the Administrator Rehabilitation and Resettlement, and Project Level Committees.
‘States can have their own laws’
  • States are free to complement it with their own laws as long as the provisions of the original law were not diluted.
  • At the Central level, a National Monitoring Committee should be constituted for reviewing and monitoring the implementation of rehabilitation and resettlement schemes or plans under the new Act.
  • The Right to Fair Compensation, Resettlement, Rehabilitation and Transparency in Land Acquisition Bill 2013, was passed by the LokSabha and the RajyaSabha.

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