Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement (Amendment) Ordinance, 2015

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2015: Overview

Question: The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has given its approval to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2015. Provide an overview of this ordinance.

• The ordinance will enable farmers to attain better compensation as well as rehab and resettlement benefits

• Compensation in accordance with the First Schedule and rehabilitation and resettlement specified in the Second and Third Schedules of the Act are extended to the thirteen Acts mentioned in the Fourth Schedule namely, - (a) The Ancient Monuments and Archaeological Sites and Remains Act, 1958, (b) The Atomic Energy Act, 1962, (c) The Damodar Valley Corporation Act, 1948, (d) The Indian Tramways Act, 1886, (e) The Land Acquisition (Mines)Act, 1885, (f) The Metro Railways (Construction of Works)Act, 1978, (g) The National Highways Act, 1956; ( h) The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962; (i). The Requisitioning and Acquisition of Immovable Property Act, 1952; (j) The Resettlement of Displaced Persons (Land Acquisition) Act, 1948; (k) The Coal Bearing Areas Acquisition and Development Act, 1957 (l) The Electricity Act, 2003; (m) The Railways Act, 1989.

• In order to expedite the process of land acquisition for strategic and development activities appropriate governments are empowered to take steps for exemption from "Social Impact Assessment" and "Special Provisions for Safeguarding Food Security”

• In place of the term 'private company', the term 'private entity' has been substituted thereby including all non¬governmental entities.

• In cases where land acquisition process under Land Acquisition Act, 1894 had been initiated and the Award was passed, but either possession of land was not taken or compensation was not paid, there is provision of lapsing of such proceedings after five years of passing of Award.

• Section 46 of the Act was amended to clarify that provisions relating to rehabilitation and resettlement in case of land purchased through private negotiations is applicable in cases when land is purchased by persons other than the Government

• For facilitating the process of hearing of objections by land losers, the authority, constituted for this purpose, shall hear such objections within the district where the land has been acquired.

• When an offence under this Act is committed by any person who is employed in the Centre or State Government at the time of commission of such an alleged offence, the court will take cognisance of offences under this Act provided the procedure laid down in section 197 of the Code of Criminal Procedure, 1973 is in place

• Period provided in Section 101 for return of un-utilised land has been modified to five years/the period specified for the completion of the project.

Facts and Stats

• Department of Land Resources is administering the Land Act and the ordinance

• The ordinance has been re-promulgated 3 times now

• It is the 13th executive order of the NDA government