1.
Decision:
2.
Point wise details:
It is proposed to issue an order under the removal of
difficulties section 113 (1) of the RFCTLARR Act, 2013 for
extending the provisions of compensation, rehabilitation and resettlement as
mentioned in First, Second and Third Schedules to the Acts mentioned in the
Fourth Schedule of the RFCTLARR Act, 2013.
3.
Background:
The Department of Land Resources (DoLR) is
administering the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act (hereinafter referred to as
Act), 2013. This Act came into force on 01.01.2014 by repealing the Land
Acquisition Act, 1894. The Act inter-alia provided for compensation upto four
times the market value in rural areas and twice the market value of land in
urban areas; rehabilitation and resettlement benefits not only for land losers
but also for livelihood losers.
Section 105 of the RFCTLARR Act, 2013 makes
the provisions of the determination of the compensation, rehabilitation and
resettlement in this Act applicable to cases of land acquisition under the
enactments specified in the Fourth Schedule of the Act. However, the said
Section mandated that this had to be initiated by a draft notification to be
placed before each House of Parliament within one year from the date of
commencement of this Act. In other words, the deadline for this draft
notification was 31.12.2014. For the provisions relating to compensation,
rehabilitation and resettlement to become applicable to land acquisition under
the thirteen Acts specified in the Fourth Schedule of the Act, it was necessary
to go through the entire process outlined in various sub-sections of said
Section 105. It was felt that in the interests of families affected by land
acquisition under the enactments specified in the Fourth Schedule, the
provisions relating to compensation, rehabilitation and resettlement prescribed
in this Act be made applicable. Hence, it was decided that an amendment should
be brought to amend Section 105, forthwith to fulfil the mandated intention of
the RFCTLARR Act, 2013 within the specified period of one year which was
expiring on 31.12.2014.
Accordingly, the RFCTLARR (Amendment)
Ordinance, 2014 was promulgated on 31st December, 2014.
Subsequently, the RFCTLARR (Amendment) Ordinance, 2015 (4 of 2015) was
promulgated on 3rd April, 2015 to give continuity to the provisions
of the RFCTLARR (Amendment) Ordinance, 2014 and the RFCTLARR
(Amendment) Second Ordinance, 2015 (5 of 2015) was promulgated on 30th
May, 2015 to give continuity to the provisions of the RFCTLARR (Amendment)
Ordinance, 2015 (4 of 2015). The replacement Bill relating to the RFCTLARR
(Amendment) Ordinance, 2015 (4 of 2015) was referred to the Joint Committee of
the Houses for examination and report and is pending with the Committee. As
per the provisions of article 123 of the Constitution, the RFCTLARR (Amendment)
Second Ordinance, 2015 (5 of 2015) shall lapse on the 31st August,
2015, thereby placing the land owners at the disadvantageous position,
resulting in denial of benefits of enhanced compensation and rehabilitation and
resettlement to the cases of land acquisition under the 13 Acts specified in
the Fourth Schedule to the RFCTLARR Act as extended to the land owners under
the said Ordinance. Therefore, since the Central Government considers it
necessary to extend the benefits available to the land owners under the
RFCTLARR Act to similarly placed land owners whose lands are acquired under the
13 Central enactments specified in the Fourth Schedule, the Government has
decided to uniformly apply the beneficial provisions of Section 105 of the
RFCTLARR Act relating to the determination of compensation, rehabilitation and
resettlement as were made applicable to cases of land acquisition under the
said enactments in the interest of the land owners.
The Act mentioned in the Fourth Schedule
are as follows:-
(1) The Ancient Monuments and
Archaeological Sites and Remains Act, 1958;
(2) The Atomic Energy Act, 1962;
(3) The Damodar Valley Corporation Act,
1948;
(4) The Indian Tramways Act, 1886;
(5) The Land Acquisition (Mines) Act,
1885;
(6) The Metro Railways (Construction of
Works) Act, 1978;
(7) The National Highways Act, 1956;
(8) The Petroleum and Minerals
Pipelines (Acquisition of Right of User in Land) Act, 1962;
(9) The Requisitioning and Acquisition
of Immovable Property Act, 1952;
(10) The Resettlement of Displaced
Persons (Land Acquisition) Act, 1948;
(11) The Coal Bearing Areas Acquisition
and Development Act, 1957;
(12) The Electricity Act, 2003;
(13) The Railways Act, 1989;
Therefore, now it is proposed to issue an
order under section 113(1) of the RFCTLARR Act to extend the provisions
relating to the determination of compensation in accordance with the First
Schedule, rehabilitation and resettlement in accordance with the Second
Schedule and infrastructure amenities in accordance with the Third Schedule
shall apply to all cases of land acquisition under the enactments specified in
the Fourth Schedule to the said Act.
4.
Implementation strategy and targets:
Once approved, an order under section
113(1) of the RFCTLARR Act will be issued to extend the provisions relating to
the determination of compensation in accordance with the First Schedule,
rehabilitation and resettlement in accordance with the Second Schedule and
infrastructure amenities in accordance with the Third Schedule shall apply to
all cases of land acquisition under the enactments specified in the Fourth
Schedule to the said Act.
5.
Major Impact:
The provisions of the RFCTLARR Act, 2013 will
become applicable on the enactments listed in Fourth Schedule of the Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013.
6. Expenditure
involved
Nil
7.
No. of beneficiaries:
Whole country
8.
States/districts covered:
All the States (except Jammu
& Kashmir) and UTs of the country.
9.
Details and progress of scheme if already
running:
The Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act (hereinafter referred
to as Act), 2013 came into force on 01.01.2014 by repealing the Land
Acquisition Act, 1894.
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