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Questions and Answers
What is required for the appropriate Government to proceed with land acquisition?
What must the recommendations of the Expert Group be based on?
Public purpose and social costs versus benefits.
The Expert Group must make recommendations within two weeks of its constitution.
False
The land acquisition process can proceed without the consent of affected families if justified by the appropriate Government.
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The preliminary notification must be published in the Official ______.
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Which of the following must be included in the preliminary notification?
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What happens if the Social Impact Assessment report is not acted upon within twelve months?
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What is the definition of an 'Administrator' according to the Act?
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Match the following sections with their descriptions:
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What constitutes an 'affected family'?
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Which of the following are considered 'agricultural land'?
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The term 'appropriate Government' only refers to the Central Government.
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What is a 'displaced family' as defined in the Act?
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A _________ includes a company, a body corporate, an institution, or any other organization for whom land is to be acquired.
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Which of the following is NOT included in the 'cost of acquisition'?
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The Social Impact Assessment study must be completed within a year.
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What is the role of the Expert Group in the appraisal of the Social Impact Assessment report?
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Which of the following are included in the Rehabilitation and Resettlement Award? (Select all that apply)
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What is to be indicated if any matters specified under clauses (a) to (k) are not applicable to any affected family?
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The appropriate Government may increase the rate of rehabilitation and resettlement amount payable without considering the price index.
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What timeframe does the Collector have to correct any clerical or arithmetical mistakes in the awards?
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What must the Collector do before taking possession of land to be acquired?
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What is the required representation in the Rehabilitation and Resettlement Committee at the project level?
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No acquisition of land shall be made in the Scheduled Areas.
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What additional compensation must be paid in case of multiple displacements?
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Which entitlements are specifically mentioned for Scheduled Castes and Scheduled Tribes in case of acquisition?
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Which of the following is a requirement for publishing the declaration under sub-section (1)?
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The Collector may extend the twelve months period for filing a declaration if circumstances justify it.
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What must the Collector publish to inform persons interested in the land about the acquisition?
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The declaration referred to in sub-section (1) shall be published in the _______.
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What is the purpose of marking out and measuring the land as per section 20?
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What must the Collector determine during the enquiry according to section 23?
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The appropriate Government shall specify the ______ price or minimum price per unit area of land.
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The Collector is not required to calculate the compensation amount for land based on market value.
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Match the following roles with their responsibilities:
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The Collector shall issue individual awards detailing the particulars of compensation payable.
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What must the Collector consider when determining the amount of compensation?
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What is the full title of the Act discussed?
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The Act extends to the State of Jammu and Kashmir.
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Which of the following is NOT a purpose for which the Act applies?
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The Act was enacted to provide just and fair __________ to affected families.
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When did the Act come into force?
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What is required before the acquisition of land for private companies?
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The provisions relating to rehabilitation and resettlement apply when private companies purchase land.
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Who can be consulted in the process stipulated by the Act?
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What is the duty of the Collector concerning rehabilitation and resettlement?
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Land use change is permitted if rehabilitation and resettlement are not fully complied with.
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What is required for the purchase of land by a person other than specified persons?
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If land is acquired within three years from the enactment of the Act, ______ percent of the compensation must be shared with original land owners.
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What type of committee can be established for monitoring rehabilitation and resettlement?
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A person qualified as a District Judge can be appointed as Presiding Officer of the Authority.
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What is the term of office for the Presiding Officer of an Authority?
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Match the role with its corresponding description:
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Orders constituting Authority can be challenged in any manner.
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Study Notes
Overview of the Act
- Enacted to ensure fair compensation and transparency in land acquisition, rehabilitation, and resettlement.
- Aims for a humane and participative process involving local self-government and Gram Sabhas.
- Ensures minimal disturbance to landowners and affected families while providing just compensation.
Key Chapters and Sections
Chapter I: Preliminary
- Short Title and Scope: Known as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Applicable across India, excluding Jammu and Kashmir.
- Commencement: The Act came into force on January 1, 2014.
Chapter II: Social Impact Assessment
- Social Impact Study: Preparation and public hearing for studies to assess the social impact of land acquisition to ensure transparency.
- Expert Group Appraisal: Includes appraisal of the Social Impact Assessment report by an expert group and examination by the appropriate government.
Chapter III: Food Security
- Safeguards: Special provisions implemented to protect food security during land acquisition processes.
Chapter IV: Notification and Acquisition
- Preliminary Notification: Requires publication of notifications prior to land acquisition.
- Hearing Objections: Processes involve public hearings for objections to acquisition.
Chapter V: Rehabilitation and Resettlement Award
- Compensation for Affected Families: Sets out the process for compensation and the provision of necessary amenities in resettlement areas.
- Special Provisions: Includes special provisions for Scheduled Castes and Scheduled Tribes.
Chapter VI: Rehabilitation and Resettlement Procedures
- Administrator Appointment: Mandates the appointment of an administrator and the establishment of relevant committees to oversee rehabilitation and resettlement efforts.
Chapter VII: Monitoring Committees
- National and State Monitoring Committees: Establishment of national and state-level committees to oversee implementation and reporting on rehabilitation and resettlement.
Chapter VIII: Land Acquisition Authority
- Establishment of Authority: A dedicated authority established to oversee land acquisition and ensure fair compensation and rehabilitation.
- Judicial Nature: Proceedings of the authority to be considered judicial in nature, with specific powers and jurisdiction defined.
Chapter IX: Compensation Apportionment
- Apportionment Details: Clear stipulations on how compensation should be apportioned among affected parties.
Chapter X: Compensation Payment
- Payment Processes: Procedures outlined for the payment of compensation, including deposit and investment processes for certain funds.
Chapter XI: Temporary Occupation of Land
- Temporary Use Procedures: Establishes guidelines for the temporary occupation of land and related compensation.
Chapter XII: Offences and Penalties
- Legal Accountability: Detailed provisions on punishments for false information and penalties for contraventions of the Act.
Chapter XIII: Miscellaneous Provisions
- Evidentiary Standards: Acceptance of certified copies as evidence and guidelines for the return of unutilized land.
- Flexibility for State Legislatures: States have the ability to enact laws more beneficial to affected families, ensuring local adaptability.
Important Provisions
- Prior consent requirements for land acquisition by private companies and public-private partnerships.
- Special emphasis on the need to protect vulnerable groups such as the landless, scheduled castes, and scheduled tribes.
- Exemptions from income tax and stamp duty for affected families, promoting financial fairness.
Implementation Goals
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Promote development while improving the social and economic status of affected individuals.
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Aligns with national priorities for infrastructural development while upholding human rights and citizen welfare.### Definitions
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Administrator: Appointed officer for the rehabilitation and resettlement of affected families.
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Affected Area: Designated area by the appropriate Government for land acquisition.
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Affected Family:
- Families whose land or immovable property is acquired.
- Families of agricultural laborers or tenants with disrupted livelihoods due to acquisition.
- Scheduled Tribes and traditional forest dwellers losing recognized forest rights.
- Families dependent on forests or water sources affected by land acquisition.
- Families residing in urban areas for three years prior to acquisition.
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Agricultural Land: Land designated for agriculture, horticulture, dairy, poultry, or grazing.
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Appropriate Government:
- State Government for land in states.
- Central Government for Union territories (excluding Puducherry).
- Puducherry Government for land in Puducherry.
- Central Government consults with states for projects across states.
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Authority: Land Acquisition and Rehabilitation and Resettlement Authority established under section 51.
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Collector: Revenue district Collector, including Deputy Commissioner or designated officer.
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Commissioner: Appointed for Rehabilitation and Resettlement.
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Cost of Acquisition: Comprehensive costs including compensation, damages, development costs, and administrative expenses.
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Company: Defined as per the Companies Act, can include societies under relevant laws.
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Displaced Family: Families relocated and resettled due to land acquisition.
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Family: Includes persons and their dependents. Separate status for widows and deserted women.
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Holding of Land: Total land held by a person, whether as owner, occupant, or tenant.
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Infrastructure Project: Includes various construction or development projects.
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Land: Comprises benefits arising from land, including things attached to it.
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Landless: Individuals recognized as landless under state laws or by the Government.
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Land Owner: Individuals recorded as owners or entitled to rights as per various laws.
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Local Authority: Includes town planning authorities, Panchayats, and Municipalities.
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Marginal Farmer: Cultivators with small land holdings, defined by irrigation status.
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Market Value: Value determined as per section 26.
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Notification: Public notice in Indian or State Gazette.
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Patta: Legal ownership documentation.
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Person Interested: Claimants or stakeholders in compensation for land acquisition.
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Project: Any endeavor necessitating land acquisition.
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Public Purpose: Activities as defined in relevant sections of the Act.
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Requiring Body: Entities including companies or institutions acquiring land for government use.
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Resettlement Area: Area designated for resettling affected families.
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Scheduled Areas: Areas as defined by specific legislative provisions.
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Small Farmer: Cultivators with moderate land holdings, exceeding marginal farmers.
Social Impact Assessment
- Preparation: Appropriate Government required to consult local bodies and conduct Social Impact Assessment (SIA) before land acquisition.
- Notification: Notifications should be made available in local languages and published widely to inform residents of upcoming assessments.
- Assessment Report: Must evaluate whether the acquisition serves a public purpose, estimate affected families, and assess the extent of the impact on land and community resources.
- Public Hearing: Required after SIA preparation to involve affected families in the process, ensuring their views are recorded.
- Publication: SIA reports and related plans must be publicly available in local languages and through various local government offices.
Expert Group Appraisal
- Composition: An independent multi-disciplinary Expert Group will assess the SIA report, including social scientists, representatives from local government, experts on rehabilitation, and project technical experts.
- Recommendations: The Group can recommend abandonment of projects based on public purpose and social cost assessment.
- Outcome: If projects serve public purpose with minimal displacement and social costs deemed manageable, recommendations including necessary mitigative measures will be made clear.
- Transparency: All findings and recommendations must be communicated and published in local languages to inform the community adequately.### Proposals for Land Acquisition and Social Impact Assessment
- Legitimate public purpose must exist for land acquisition, ensuring necessity and justification.
- Social benefits must outweigh social costs, as determined by a Social Impact Assessment (SIA).
- Only minimum required land should be proposed for acquisition, focusing on efficient use of resources.
- Previous land acquisitions should be utilized; if not, they must be repurposed for public purposes.
- The government must evaluate expert reports and aim for minimum displacement and ecosystem disruption.
Communication and Notification
- Decisions on land acquisition are to be communicated in local languages to relevant local bodies and government offices.
- Public notifications must be published in the Official Gazette and local newspapers, ensuring accessibility and transparency.
- Information on social impacts and rehabilitative measures must accompany public notifications.
Exemptions from SIA
- In urgent cases invoking section 40, the government may forego the SIA requirement for land acquisition.
Safeguarding Food Security
- Acquisition of irrigated multi-crop land is generally prohibited except under exceptional circumstances.
- Acquisition of such land must not exceed state-specific limits for all projects combined.
- Equivalent wasteland must be developed or financial compensation made for agricultural investment to enhance food security.
Preliminary Notification and Land Survey
- Preliminary notifications must specify public purposes and provide details about the affected land.
- Notified lands are protected from transactions until acquisition proceedings are finalized.
- Authorized officers have the right to enter, survey, and assess land for potential acquisition with prior notice to owners.
Compensation and Objections
- Officers must compensate for damages incurred during property assessment and survey activities.
- Interested parties can object to the suitability and necessity of land acquisition within sixty days of notification.
Rehabilitation and Resettlement
- The Rehabilitation Administrator must conduct a census of affected families and outline entitlements in the resettlement scheme.
- Local publicity is required for the draft rehabilitation plan, ensuring community awareness and participation.
- Public hearings must be organized for affected individuals to raise concerns regarding the resettlement plan.
Review and Approval Process
- The Collector reviews the resettlement proposal with a committee and submits suggestions to the Commissioner for approval.
- Approved plans must be made publicly available in local languages and on government platforms.
Acquisition Declaration
- A declaration of necessity for public purpose must be made following approval, alongside a summary of the rehabilitation plan.
- The declaration serves as conclusive evidence for land acquisition, with further steps outlined for public notification.
Marking and Planning Land
- The Collector is responsible for marking and measuring land earmarked for acquisition and preparing detailed plans.
- Public notices must inform interested parties of impending land possession and the process to claim compensation.
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Description
Test your knowledge on the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. This quiz covers the preliminary sections including short title, extent, and key definitions. Challenge yourself and see how well you understand this important legislation.
