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Speak Your Mind - Speak Your Truth - Speak Up!

The truth of the "Land Acquisition Bill"

Postby dheerajjain » Tue Apr 28, 2015 8:54 am

https://www.saddahaq.com/politics/landa ... nance-bill

Addressing - What the bill really is, what will be its impacts, and, how farmers and illiterate masses are being misled about the same.

What is the difference between an Act and a Bill?

A Bill is a proposal draft presented in the Parliament by the government, and with the consent of the majority in both the houses, and subsequently, after the President's approval, it becomes an Act.

What is Land acquisition act?

In 2013, the ruling United Progressive Alliance (UPA) government passed the Land Acquisition, Rehabilitation and Resettlement Act (LARR), popularly called Land Acquisition Act. This act protects farmer's rights against exploitation, and provides them an appropriate amount of compensation in return for land acquired from them. No land can be acquired without the consent of farmers and a proper Social Impact Assessment of that area.

Thankfully, India is a democratic country and unlike other countries, people are asked for their land rather than being asked to evacuate it and move, like it happens in some countries like China, where you have to live by the government’s order - no questions asked or entertained.


What is Land Acquisition Amendment bill?

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Bill, 2015 was introduced in the Lok Sabha by the Minister for Rural Development, Mr. Birender Singh on February 24, 2015. The Bill amends the Right to Fair Compensation and Transparency in Land Acquisition.

As India continues to grow, for better infrastructure, the government needs more land. Now, the ruling government has made certain changes in the existing Act, and proposed a modified Bill. The reason for these changes are:

•Plea from state governments for leverage to make processes easier and fair.


•To simplify and expedite the process of acquisition and compensation, to initiate ground work at a faster rate.


•To ensure confidentiality on the perspective of national security.

Changes made by ruling government in the existing Act and proposed in the new bill


Change 1 - Removal of Consent Clause and Social Impact Assessment

The LARR Act, 2013 requires that the consent of 80% of land owners is obtained for private projects, and that the consent of 70% of land owners be obtained for Public-Private Partnership projects.

The new bill exempts the five categories mentioned below from this provision of the Act, for security reasons and for reinforcing the base of development that requires immediate action.

•Defense
•Industrial corridors
•National security
•Rural Infrastructure electrification
•Housing for the poor


Change 2 - Return of unutilized land and Time period for retrospective application

The LARR Act, 2013 states that the land acquired under it, if remains unutilized for five years, must be returned to the original owners or the land bank.

The Bill states that the period after which unutilized land will need to be returned will be: five years, or any period specified at the time of setting up the project, whichever is later.

The LARR Act, 2013 states that the Land Acquisition Act, 1894 will continue to apply in certain cases, where an award has been made under the 1894 Act. However, if such an award was made before September 2008, and the physical possession of land has not been taken or compensation has not been paid, the LARR Act, 2013 will apply.

The Bill states that in calculating this time period, any period during which the proceedings of acquisition were held up due to a stay order of a court, or a period specified in the award of a Tribunal for taking possession, or any period where possession has been taken but the compensation is lying deposited in a court or any account, will not be counted.


CHANGE 3 - Modification in the rule for private hospitals and educational institutions

The LARR Act, 2013 excluded the acquisition of land for private hospitals and private educational institutions from its purview.

The Bill removes this restriction.


CHANGE 4 - The Clause of private companies

The LARR Act, 2013 was applicable for the acquisition of land for private companies.

The Bill changes this to acquisition for ‘private entities’. A private entity is an entity other than a government entity, and could include a proprietorship, partnership, company, corporation, non-profit organization, or other entity under any other law.



CHANGE 5 - Change in prosecution and verdict for offenders

The LARR Act, 2013 stated that if an offence is committed by the government, the head of the department would be considered guilty, unless he could show that the offence was committed without his knowledge, or that he/she had implemented required meticulousness to prevent the occurrence of the offence.

The Bill replaces this provision and states that if an offence is committed by a government official, he cannot be prosecuted without the prior consent of the government.

The pros of the Bill

•Important matters where the government requires land for providing to the poor and rural infrastructure etc. will be quicker and hassle-free, given that the process of taking consent from a large group of people is a long procedure, and makes the development process lag by several years.
•There’ll be no obligations for the government to explain to a large group of people why they need the land, when it comes to defense operations, and nuclear installations in the interest of national security and secrecy in related operations.
•There’ll be no disputes in case a project is not completed within five years. Because, in the former case, the land would go under dispute and it would be of no use to anyone, as a result of which it’ll just be a never-ending case lying like a hurdle between the development job initiated and the owner using it for their own personal use.
•Unions and local influential people will not be able to target the government officials in false cases, and a neutral unbiased operational structure will be established.
•Saving the damage caused due to hurry hassles in completing a project without dedication because of time limits.


How will it affect farmers?

It won’t, as the compensation terms, employment terms and other benefits for farmers as stated in the original act will stay intact.

•The compensation from the land will be 4 times of what they get now, and will also give them a choice of retaining 20% of their land after development by paying the acquisition cost.
•Only for the better, the ruling government has increased input subsidies for distressed farmers by 50% and the same for crop destruction by 30%.
•Rural infrastructure will develop and provide ease of selling yield, accessing facilities like schools, colleges etc. that’ll stop migration of youth from villages. Medical aid will be readily available and power plants will increase efficiency of production.


How farmers are being misled?

Myths vs Reality

Myth – The current government has diluted the act.

Reality – The act has not been diluted. Only certain changes are proposed after foreseeing that farmers will get compensation, relief rehabilitation for all central government projects, which was earlier denied.


Myth – Removal of Consent Clause and Social Impact Assessment will be harmful to farmers.

Reality – It will only expedite development initiatives, and accelerate crucial projects, which will bring a qualitative improvement in a farmer’s life.


Myth – The Bill will impact farmers in a negative way, and snatch their ownership.

Reality – It will help farmers make use of their unproductive land, and give them better returns on it. They will finally be able to embrace prosperity, and get rid of their stagnant poverty despite immense hard work.


Myth - Return of unutilized land and Time period for retrospective application limit of 5 years being dissolved will be harmful.

Reality - It will only be beneficial as there are many projects that take more than 5 years to complete viz, railway projects, housing projects etc. As seen in the past, in a hurried baffle of completing them in less than 5 years, either results in compromise on quality and planning or they become disputed halfway, and are of no use to both the parties.


Assurances fair points

•Obligatory employment to one person of the affected family.
•Industrial corridors under state or central government only will be covered under the Act.
•It will be ensured that no extra land is acquired apart from what is minimum requirement for a certain project.
•No Industrial corridors will exceed 1 km of distance on both sides.
•Area specific authorities will be set up for hearings in case of disputes.


Spread the word and put an end to the unnecessary hoaxes that, in the scheme of events, led to the loss of a life and unwanted chaos lately.
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dheerajjain
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Re: The truth of the "Land Acquisition Bill"

Postby naveenarichwal » Wed Apr 29, 2015 10:33 am

Democracy allows desent , and governments are directly affected by the perception in public to its policies especially with the increasing role of media.

Any policy has equal advantages & disadvantages. The Media and opposition pay more emphasis on Disadvantages.and create a environment which leads to Policy paralysis by the government.

Hence China which is a virtual dictatorship has progressed exponantially whereas India Politicians keep fighting amongst themselves and the public continues to suffer.

Some politicians want indians to remain poor illeterate for life so that they can run their business.too.
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