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Land acquisition bill revised to provide greater power to the states

GoM to take it up for consideration on September 30

Land acquisition bill revised to provide greater power to the states

Rural Development Minister Jairam Ramesh has revised theland acquisition bill to provide for a greater say to the States, make itmandatory to have the prior “consent” of two-thirds of all those who would loseland and a compensation and rehabilitation and resettlement package for bothwho would lose their land and others who would lose their livelihood. The billhas been rechristened as Right to Fair Compensation and Transparency in LandAcquisition, Rehabilitation and Resettlement Bill, 2012.

The changes have been made keeping in mind therecommendations of the parliamentary committee and civil society groups. Therevised bill has been submitted to a Group of Ministers (GoM) set up a fewweeks earlier because of differences among the ministers. The GoM is headed byAgriculture Minister Sharad Pawar, which will be meeting on September 30 forthe first time to take up the bill for consideration.

There are several new elements in the revised bill. Itprovides a baseline for compensation, leaving it for the States to fix thefinal award. It will now be applicable “prospectively”, and not retrospectivelyas was the case earlier. It binds private purchases beyond a certain thresholdfor resettlement and rehabilitation (R&R) but leaves it to the states to decidethe threshold. Earlier, R&R came into force if private acquisition exceeded100 acre in rural areas and 50 acres in urban areas.

The revised bill provides a better rehabilitation andresettlement package for all those who lose their land and livelihood with ahouse or one-time financial grant in lieu thereof; annuity of Rs 2,000 permonth per family for 20 years (and linked to inflation) and employment. Ifemployment is not possible, each family will get a one-time grant of Rs 5 lakh.Besides, they will get a subsistence allowance of Rs 3,000 per month for ayear. Other benefits include transport allowance of Rs 50,000 and resettlementallowance of another Rs 50,000.

Though the bill discourages acquisition of irrigatedmulti-crop or agricultural land, it allows the States to fix a limitation. Theearlier bill had restricted acquisition of such land to 5 percent of the totalin a district.

The revised bill also incorporates amendments proposed bythe parliamentary committee and recommendations of various ministries regardingbringing central laws like SEZ Act of 2005, Works of Defence Act of 1903 andCantonments Act of 2006 under its purview.

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