Proposed Land Acquisition, Rehabilitation And Resettlement Bill, 2011: Our Views (Part-II)

We are going to discuss the pertinent paragraphs and the sections of the Land Acquisition, Rehabilitation and Resettlement Bill, 2011and analyze its impact on the denizens of Jharkhand.

Agricultural Land in a Rural Area
Agricultural Land in a Rural Area

 

IV. NOTIFICATION AND ACQUISITION

Determination of market value of land by Collector

26. (1) The Collector shall adopt the following criteria in assessing and determining the market value of the land, namely:

(a) the minimum land value, if any, specified in the Indian Stamp Act, 1899 for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or

(b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area, whichever is higher.

Our Remarks:

In Jharkhand, most of the acquired lands by the Government are located either in semi-urban or rural areas, wherein these lands act as their sole economic tool to earn the livelihood for their families. The ironical fact is that because of their location these lands have their market value in the lower side. So after the acquisition of land is done, the sole economic tool of affected families are taken away and the actual payment made at Market Value (we are being optimistic here, considering how the Government Departments Work) is inadequate to take care of their needs with devastating consequences.

V. REHABILITATION AND RESETTLEMENT AWARD

30. (1) The Collector shall pass Rehabilitation and Resettlement Awards for each affected family in terms of the entitlements provided in the 2nd Schedule.

(2) The Rehabilitation and Resettlement Award shall include all of the following, namely:—

(a) rehabilitation and resettlement amount payable to the family;

(b) bank account number of the person to which the rehabilitation and resettlement award amount is to be transferred;

(c) particulars of house site and house to be allotted, in case of displaced families;

(d) particulars of land allotted to the displaced families;

(e) particulars of one time subsistence allowance and transportation allowance in case of displaced families;

(f) particulars of payment for Cattle Shed and petty shops;

(g) particulars of one-time amount to artisans and small traders;

(h) details of mandatory employment to be provided to the members of the affected families;

(i) particulars of any fishing rights that may be involved;

(j) particulars of annuity and other entitlements to be provided;

(k) particulars of special provisions for Scheduled Castes and the Scheduled Tribes to be provided:

Provided that in case any of the matters specified under clauses (a) to (k) are not applicable to any affected family the same shall be indicated as “not applicable”.

31. (1) Every displaced family shall be resettled in a resettlement area.

(2) In every resettlement area referred to in sub-section (1), the Collector shall ensure the provision of all infrastructural and basic amenities specified in the 3rd Schedule.

Our Remarks:

The Bill must be lauded for detailing the particulars of R & R Award for the displaced families, which seems just. But these R & R Awards need to be implemented in sincere and honest way to build the confidence among the land-owners in Jharkhand.

Power to take possession of land to be acquired

37. (1) The Collector shall ensure that full payment of compensation as well as rehabilitation and resettlement entitlements are paid or tendered to the entitled persons within a period of 3 months for the compensation and a period of 6 months for the monetary part of rehabilitation and resettlement entitlements listed in the 2nd Schedule commencing from the date of the award made under section 29:

  • Provided that the components of the Rehabilitation and Resettlement Package in the 2nd and 3rd  Schedules that relate to infrastructural entitlements shall be provided within a period of 18 months from the date of the award:
  • Provided further that in case of acquisition of land for irrigation or hydel project, being a public purpose, the rehabilitation and resettlement shall be completed 6 months prior to submergence of the lands proposed to be so acquired.

(2) The Collector shall be responsible for ensuring that the rehabilitation and resettlement process is completed in all its aspects;

(3) On the fulfilment of the condition provided in sub-sections (1) and (2), the Collector shall take possession of the land acquired, which shall, thereupon, vest absolutely in the Government, free from all encumbrances.

Our Remarks:Again good to see that the Bill has laid down the time-line for the implementation of R & R.
Commissioner For Rehabilitation and Resettlement

40. (1) The State Government shall appoint an officer of the rank of Commissioner or Secretary of that Government for rehabilitation and resettlement of affected families under this Act, to be called the Commissioner for Rehabilitation and Resettlement.

(2) The Commissioner shall be responsible for supervising the formulation of rehabilitation and resettlement schemes or plans and proper implementation of such schemes or plans.

(3) The Commissioner shall be responsible for the post-implementation social audit in consultation with the village Panchayat in rural areas and municipality in urban areas.

Our Remarks:

Again good to see that the Bill has defined an Official to take responsibility for the proper implementation of R & R, now the responsibility can be fixed in case of slip-ups.

Rehabilitation and Resettlement Committee at project level

41. (1) Where land proposed to be acquired is equal to or more than 100 acres, the Appropriate Government shall constitute a Committee under the chairmanship of the Collector to be called the Rehabilitation and Resettlement Committee, to monitor and review the progress of implementation of the Rehabilitation and Resettlement scheme and to carry out post-implementation social audits in consultation with the village panchayat in rural areas and municipality in urban areas.

Our Remarks:To set up a Committee to oversee the implementation of R & R is again a good idea.

 

To read the next part of the story click here Part-III.

Team Focus

Team Focus

We are bunch of commoners and our bloggers' e-magazine focuses on the AlterNative Voices from Jharkhand, India.
Team Focus
Team Focus

Written by

We are bunch of commoners and our bloggers' e-magazine focuses on the AlterNative Voices from Jharkhand, India.

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