Presentation on The new Land Acquisition Legislation and Women Empowerment

1. Presentation onThe new Land Acquisition Legislation and Women Empowerment By:- Charanjit Singh, Director (LR) Department of Land Resources Ministry of Rural development Government of India

2. The new Land Acquisition Legislation • The Land Acquisition, Rehabilitation and Resettlement (LARR) Bill, 2011 introduced in the Lok Sabha on 7th September, 2011 • Lok Sabha considered and passed the Bill on 29th August, 2013. Rajya Sabha approved with certain amendments on 4th September, 2013. Lok Sabha agreed to it on 5th September, 2013 • The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013 has been given assent by the President on 26th September, 2013

3. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013 • The Right… Act, 2013 is a new legislation and repeals the LA Act, 1894 • R and R is an integral part of the land acquisition • Transparency & Participatory approach at various stages of the land acquisition, R & R processes • To ensure sustainable livelihood of the affected families • Consent inbuilt to ensure participation of the affected families • Option of the lease to be explored • Dedicated Authority for disposal of disputes • No displacement before rehabilitation

4. Definition of the “Family” “Family” includes a person, his or her spouse, minor children, minor brothers and minor sisters dependent on him: Provided that widows, divorcees and women deserted by families shall be considered separate families; Explanation – An adult of either gender with or without spouse or children or dependents shall be considered as a separate family for the purposes of this Act.

5. Provision of Public Consent • Public Purpose defined comprehensively • For Public Private Partnership (PPP) projects, where the ownership of the land continues to vest with the Government, consent of at least seventy percent of the affected families required • For private companies for public purposes, consent of at least eighty percent of the affected families required

6. Social Impact Assessment (SIA) • SIA in all cases of land acquisition in consultation with the local bodies • Impact of the project on livelihood of affected families, public and community properties, assets and infrastructure particularly roads, public transport, drainage, sanitation, sources of drinking water, community ponds, health care facilities, schools, Anganwadis and land for traditional tribal institutions etc. • Social Impact Management Plan (SIMP) to be prepared listing the ameliorative measures to be undertaken for addressing the impact

7. Special provision to safeguard food security • Multi-crop irrigated land shall not be acquired except when land acquired does not exceed such limit of total irrigated multi-cropped area in that district or State as may be notified by the appropriate Government • Whenever multi-crop irrigated land is acquired, an equivalent area of agricultural waste land shall be developed for agricultural purposes • In other cases, the acquisition of agricultural land in aggregate for all projects in a district or State, shall in no case exceeds such limits of the total net sown area of that district or State as may be notified by the appropriate Government

8. Rehabilitation & Resettlement Scheme/Plan • Administrator to conduct survey and census of the affected families which shall include: • Particulars of the lands & immovable properties being acquired • List of public utilities and Government buildings being affected • Details of the amenities and infrastructure facilities being affected • Details of any common property resources being acquired • Based on survey and census, draft R&R scheme to be published and discussed in the local bodies

9. Special Provisions for SCs and STs (Section 41) • As far as possible, no acquisition of land in the Scheduled Areas • Prior consent in all cases of land acquisition in Scheduled Areas under the Fifth Schedule • Development Plan with details of procedure for settling land rights and for restoration of alienated land by undertaking a special drive • Development of alternate fuel, fodder and non-timber forest produce resources on non forest lands within a period of five years to meet the requirements of affected families • Resettlement Areas to have land for social and community gatherings • Fishing rights in reservoir areas of irrigation or hydel projects

10. Rehabilitation & Resettlement Committee at Project Level (Section 45) Constitution of Rehabilitation and Resettlement Committee under the chairmanship of Collector to monitor and review the progress of implementation of the R&R scheme and to carry out post-implementation social audit. Among others it will have following members: (a) a representative of women residing in the affected area;

11. Service of Notices (Section 92) • It inter-alia states that “when such person cannot be found, the service may be made on any adult member residing with him…” • Section 45 of the Land Acquisition Act, 1894 states that “notice may be served only on the adult male member of his family residing with him…”.

12. Second Schedule (R & R Entitlements) • Provision of Housing Units in case of displacement • Land for Land in case of irrigation projects • Offer for Developed Land in case of urbanization projects • The stamp duty and other fees payable for registration of the land or house allotted to the affected families shall be borne by the Requiring Body • The land for house allotted to the affected families shall be free from all encumbrances • The land or house allotted may be in the joint names of wife and husband of the affected family

13. Third Schedule (Infrastructural Amenities) 3. One or more assured sources of safe drinking water for each family as per the norms prescribed by the Government of India 13. Facilities for sanitation, including individual toilet points 15.Anganwadi’s providing child and mother supplemental nutritional services 17. Sub-health Centers within two kilometers range 18. Primary health center as prescribed by the Government of India 19. Playground for children 20. One Community center for every hundred families 22. Separate land for traditional tribal institutions

14. Thank you