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Process Flow 2013 PDF
Process Flow 2013 PDF
Pralhad Kachare
Dy. Commissioner (Ent. Duty) , Pune
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Transparent
process
of Land
Acquisitions
Informed
Just & Fair Consultation &
Compensation Participative
approach
Objectives
Least Rehabilitation
Disturbance &
Resettlement
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Chapter Scheme of New Act
Chapter Contents of Chapter Sections/ Provisions
No.
I Preliminary 1 to 3
II Determination of Social Impact and Public Purpose 4 to 9
III Special Provision to Safeguard Food Security 10
IV Notification and Acquisition 11 to 30
V Rehabilitation and Settlement Award 31 to 42
VI Procedure & Manner of Rehabilitation and 43 to 47
Resettlement
VII National Monitoring Committee for Rehabilitation and 48 to 50
Resettlement
VIII Establishment of Land Acquisition, Rehabilitation and 51 to 74
Resettlement
IX Apportionment of Compensation 75 to 76
X Payment 77 to 80
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Chapter Scheme of New Act
Chapter Contents of Chapter Sections/ Provisions
No.
XI Preliminary 81 to 83
Schedules
First Compensation for Land Owners As per Sec-30(2)
6
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Institutional Structure
Project Level
District Collector Overall coordination and
through officer designated implementation
7
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Important Concepts
JUST
& C
FAIR
C O
O N
M S
P
E U
N L
S T
A A
T T
I I
O O
N N
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Public Purpose
JUST
& C
FAIR
C O
O N
M S
P
E U
N L
S T
A A
T T
I I
O O
N N
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Comparative Provisions of old Act and new Act.
Sr. Process Old Act New Act
No. Section Section
1 Preliminary notification 4 11
2 5 A Hearing 5A 15
3 Declaration of Resettlement Area & 6 19
Public Purpose ( by Secretary or Officer
Authorized)
4 Award 11 23/30/31
5 Correction of clerical errors. etc. 13A 33
6 Possession 16 38
7 Urgency Clause 17 40
8 Ref. to Court /Authority 18 64
9 Matters to be considered 23 27
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Comparative Provisions of old Act and new Act.
Sr. Process Old Act New Act
No. Section Section
10 Matters to be ignored 24 28
11 Interest on excess compensation 28 72
12 Re-determination of compensation 28A 73
13 Apportionment of compensation 29 75
14 Payment of deposit in court/Authority 31 77
15 Interest 34 80
16 Temporary Occupation 35 81
17 Enforcing possession when opposed 47 91
18 Withdrawal from acquisition 48 93
19 Exemption from stamp-duty and fees 51 96
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Paradigm shifts from the Land Acquisition Act, 1894 to the
LARR Act, 2013
Shift 1894 Act 2013 LARR Act
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Paradigm shifts from the Land Acquisition Act, 1894 to the
LARR Act, 2013
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Maharashtra Policy on Land Acquisition Act, 1894 to the
LARR Act, 2013
Sr. Prticulars 2013 LARR Act
No
1 Market Value of Land To be determined by ready reckoner value fixed
under the Maharashtra Stamp Act (59 of 1958)
and the Maharashtra Stamp (Determination of
True Market Value of Property) Rules, 199
2 Multiplication Factor Land Compensation
Process Flow
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Proposal is Received by the
Appropriate Government
1. Pre Notification
Implement
mitigation Social Impact Identify social
plan & public factors/
participation
Assessment 3
variables
6
4
5
Analyze data and
Consult stakeholders &
develop mitigative plans
assess priorities
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Notification
Public Hearing; disposal of
Publication of Objections( Sec 15) by
Preliminary Collector & report to
Appropriate Govt.
Notification to
acquire ( Sec 11 ) Right to enter lands, carry
our survey & markings S-12
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continued
• Publication of Preliminary notification. Sec.11
• Preliminary survey of land .
• Draft RR scheme to be prepared by
Administrator.(DRO ,SLAO)
• Publish draft scheme as per sec 16.
• Public Hearing by Administrator in Gram P.
• Commissioner –Approve the draft scheme.
• Declaration of final RR scheme by the
Commissioner.------sec.19 = sec 6.
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Pre Notification Stage
Sr. Process Time Frame
No.
1 SIA Study (Sec-4(2) 2nd proviso) 6 Months
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Post Notification Stage
Sr.No. Process Time Frame
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Compensation for Land
• Market Value of Land [ MV] as determined
under Sec 26-28
• Value of Assets [VA] attached to the property
being acquired such as trees, plants, wells and
the like (Sec 29)
• Final Award= MV * Factor + VA + Solatium
• where, Solatium = MV* Factor + VA [ Sec 30]
• & Factor could range from 1 for Urban areas
up to a max of 2 for Rural areas {see Schedule
I} (To be decided by Appropriate Government)
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Awards
Award for Land Acquisition
Award made in respect of every affected family
whose land is being acquired (this will include
landless tenants as well) and containing details
of LA compensation as listed in the First
Schedule; ( Sec-23 r/w 30(2)
Award for R&R
Award made in respect of every affected family,
regardless of whether they may be losing land
or not, containing details of R&R entitlements
as listed in the Second Schedule. ( Sec-31 )
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Urgency Clause (SEC-40)
• The Urgency Clause can only be invoked in
the following cases:
• National defence and security purposes
• Resettlement & Rehabilitation needs in the
event of natural calamities such as floods or
earthquakes or any other emergency with the
approval of the Parliament.
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R&R Applicability in certain persons
other than specified persons- (sec 46)
• Any person other than specified person is
purchasing land through private negotiation
has to file an application before the Collector,
notifying him of intent to purchase, purpose
and particulars of land; (limit notified by AG)
• “Specified persons” includes any person other
than- -
– Appropriate Government; -
– Government company;
– -Association of persons or trust or registered
society.
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S.I.A.(mandatory in all cases except acq. by
urgency clause.) (u/sec.4)
• AGENCY----- State SIA unit.
• SIA Notification within 30 days after depositing processing
fee.
• SIA shall be conducted in consultation with Panchayat,
M.C. ,or Mun. Corp. followed by Public Hearing.
• SIA Report in Form 1 to state Govt. in 6 months
• SIA REPORT---Project Feasibility Report.
• Project Impact Report.
• Social Impact Management Plan.(Form 2)
• Publication of SIA study Report.
• Public hearing by appropriate govt.
• Expert group for evaluation of SIA report.
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R&R Applicability in certain persons
other than specified persons- (sec 46)
• Any purchase of land by a person other than specified
person without complying with the provision of R&R
Scheme shall be void ab initio.
• Collector shall pass individual award covering R&R
provision based upon the R&R scheme approved by
Commissioner.
• Appropriate Government may notify area for such
limits on sale and purchase.
• Any land purchased through negotiations on or after
5th Sept. 2011 and acquired within three years from
the date of commencement of this Act,then,40%
compensation shall be shared with original land
owners.
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Infrastructural Amenities under R&R
(3 rd Schedule)
• 25 infrastructural amenities to be provided in the Resettlement area,
including:
• Schools and playgrounds;
• Health Centres;
• Roads and electric connections;
• Assured sources of safe drinking water for each family as per Govt.
norms;
• Panchayat Ghars as appropriate;
• Anganwadi’s providing child and mother supplemental nutritional
services as per Govt norms;
• Places of worship and burial and/or cremation ground depending on the
caste-communities at the site and their practices;
• Village level Post Offices, as appropriate, with facilities for opening
saving accounts;
• Fair price shops and seed-cum-fertilizer storage facilities if needed
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Sec-24 -Retrospective Effect Clause
• Clarification issued in respect of
retrospective operation of the Act as
prescribed u/s 24 of the New LA Act 2013-
• Where the notification of Sec-4 [under the
Old LA Act 1894] has been issued prior to
31.12.2013 and award (u/s 11 of the said Act)
has not been made, the procedure will
continue as per the old Act subject to the
condition that the new act will apply for
determination of compensation
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Sec-24 -Retrospective Effect Clause
• Where notification u/s 4 of the Old LA Act
has not been published by the said date, all
the earlier proceedings will lapse and the
acquisition can proceed under the
provisions of the New Act 2013.
• Where an award has been made before
1.1.2009, but the possession of land has not
been taken OR compensation has not been
paid, the acquisition proceedings would be
deemed to have lapsed.
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Reference provisions
(sec- 64,65,72, 73 & 76)
• Any person interested who has not accepted
the award may, by written application to the
Collector requires that the matter be
referred to the Appropriate Authority.
• The “Appropriate Authority ”means the
Land Acquisition and Resettlement
Authority established under section 51 of
the Act.
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Reference provisions (sec- 64,65,72, 73 & 76
• Reference shall be made within a period of
thirty days of receipt of application.
• In making the reference, Collector’s statement
shall be forward in writing.
• Collector may be directed to pay interest on
excess compensation or re-determination of
amount of compensation by the Authority.
• Disputes as the apportionment of the
compensation may be referred by the
Collector to the Authority.
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Transparency Provisions
• Social Impact Assessment
– Gram Sabha to be consulted (Sec-4)
– Summary of SIA notified along with Draft Notification
(Sec-6)
– SIA document made available for public scrutiny
• R&R Scheme (Sec-16)
– Summary notified along with Draft declaration
Made available for public scrutiny.
• Individual Awards declaration (Sec-30(2))
• Public Disclosure
– All documents mandatorily to be made available in
the public domain and on the website
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Important Changes
Section-101
Section-99 Land not Used within
No Change of 5 years to be returned
Purpose to Land Bank/ Land
Owner
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Important Features
1 Safeguardi • Multi crop area to be avoided
ng Food • As last demonstrable resort, if needed
as per limit fixed for all projects in a
Security
district by AG except Road, Railway etc.
• equivalent area of cultural
wasteland shall be developed
• or an amount equivalent to value of
land acquired to be deposited with
AG for food security
2 Special SC/ST PAP in addition to R&R package
Provisions • Land to each family in irrigation project
• One time financial assistance of
for SC/ST Rs.50,000
• Families settled out of district to get
25% of RR package extra
• 1/3 rd comp advance, DP to be prepared
• Reservation to be continued….
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Important Features
3 Special • Acquisition only if necessary.
• Enhanced compensation (as per schedule 1)
provision • Strict restrictions on multi crop acquisition.
for Consent …
Farmers a) 70 % consent for acquisition of public private
partnership projects .
b) 80 % consent for acquisition of private
companies.
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Benefits for agricultural laborers,
Tenants & Share-croppers
4 • Tenants who may not own any land but are
engaged in any form of tenancy or holding a
&
usufruct right are covered under this Act.
Share-croppers
• Share-croppers, Artisans who have been working in
the affected area for 3 years prior to the
acquisition and whose primary source of livelihood
stands affected by the acquisition of land.
• They will receive not just the R & R benefits but
also a share in the compensation to be provided.
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Definition of “Affected families”
Land Owners
1. Family or Company whose land /other
immovable properties has been acquired.
2. Those who are assigned land by the Govt.
under various schemes
3. Right holders under the Forest Rights Act.2006
Livelihood Losers
1. Over the last three years , a family whose
livelihood is primarily dependent on the land
being acquired, including agriculture laborers,
tenants or sharecroppers.
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Retrospective operation: (section 24)
• Where no award under section 11 of the 1894 Act has been
made, the new law will apply with regard to
compensation.(sec.24/a )
• Where award has been made then proceedings shall
continue under L A Act as if Act not been repealed.
(sec.24/b)
• When an award has been made but the affected individuals
have not accepted compensation or have not yet given up
possession, and the proceedings have been pending for 5
years or more, provisions of the new law will apply. (sec 24/2
Provided when a majority of individuals in an affected area
have not received compensation then the new law will
apply.
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Transparency Provisions
• S.I.A.
- Gram Sabah to be consulted.
- Summary of SIA notified along with draft notification.
- SIA document made available for public scrutiny.
• R & R Scheme
- Summary notified along with draft declaration made
available for public scrutiny.
• Individual Awards passed
• Public Disclosure
- All documents mandatorily to be made available in
the public domain and on the website.
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Timelines
1. Compensation will be given within a period of 3
months from the date of the award.
2. Monitory R & R entitlements will be provided within
a period of 6 months from the date of the award.
3. Infrastructure R & R entitlements will be provide
within a period of 18 months from the date of the
award.
4. No involuntary displacement will take place without
completion of R & R
5. In irrigation or hydel projects, R & R shall be
completed 6 months prior to submergence.
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Safeguards against indiscriminate acquisition
• SIA made mandatory except for irrigation projects, where
EIA has obtained. (section 6/2 )To be concluded in 6
months
• Draft notification to include :
- Summary of SIA
- Particulars of Administrator for R & R who prepares R &
R Scheme.
• Draft Declaration to include :
- Summary of R & R package
• No Change of Purpose:
- No Change from the purposes specified in the land use
plan submitted at the time of land acquisition will be
allowed .
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Safeguards against indiscriminate acquisition
• Change of ownership :
- No change of ownership without specific permission of
Appropriate Govt. is allowed.
• Land not Used :
- Land that is not used within 5 years in accordance with
the purposes for which it was acquired at the time of
acquisition, shall be transferred to the State Governments
Land Bank or to the original land owner.
• Sharing Appreciated Value :
- Upon every transfer of land without development, 40% of
the appreciated land value shall be mandatorily shared
with the original owner whose land has been acquired .
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Important Provisions
• For urgency clause – Gove . sanction is
necessary
• Powers of Declaration / Previous approval of
Award
Compensation amount
Up to 4 cr. -- S.L.A.O/ S.D.O
4 cr. to 10 cr. -- Collector
Above 10 cr. -- Divisional Commissioner
• If Land is to be acquired for urbanization
20 % of develop land to be kept reserve and
allot to affected persons with the cost of land
+ development pkachare@gmail.com
Important Provisions
• If land is acquired /purchase by private
company from private land owner
admeasuring more than 1000 ha then
provisions of R &R will be applicable.
(section 46 )
• R& R authority shall dispose of
reference u/s 64 within 6 months
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If land is acquired /purchase by private company from
private land owner admeasuring more than 1000 ha then
provisions of R &R will be applicable. (section 46 )
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Amendment Bill 2015
Land Retrospective
LA Prior
application of
provisions Return sanction new LA Act
to 13 Acts provision for ..calculation of
relaxed prosecution period