Union Cabinet approved promulgation of ordinance on amendments to Land Acquisition Act, 2013
Union Cabinet approved promulgation of ordinance that amends the RFCTLARR Act, 2013 and serve farmer welfare and strategic and developmental needs of India.
The Union Cabinet on 29 December 2014 approved promulgation of an ordinance that amends the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013.
The amendments were approved in a cabinet meet chaired by Prime Minister Narendra Modi. The decision to amend the act was taken in the backdrop of suggestions that came up in interactions with the State Revenue Ministers and key implementing Ministries, who faced difficulties in implementing the Act.
The proposed amendments will serve both objectives namely, farmer welfare and along with the strategic and developmental needs of the country.
Main amendments in the RFCTLARR Act, 2013
• Certain provisions of the Act were relaxed and Section 10 A was added to the legislation
• It also removes Consent Clause (CC) and Social Impact Assessment (SIA) for acquiring land for five purposes, but compensation and rehabilitation and resettlement packages will be applicable as per the new Land Acquisition Act for acquiring land for these purposes. The five cases include
a) National security
c) Rural infrastructure including electrification
d) Industrial corridors
e) Building social infrastructure including PPP where ownership of land continues to be vested with the government
• It proposes to amend section 105 (read with Schedule IV) in order to bring 13 central legislations to enable people from whom the land will be acquired for higher compensation and rehabilitation and resettlement benefits. Following acts have been brought under the purview
a) The Atomic Energy Act, 1962
b) The Indian Tramways Act, 1886
c) The Railways Act, 1989
d) The Ancient Monuments and Archaeological Sites and Remains Act, 1958
e) The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962
f) The Damodar Valley Corporation Act, 1948
g) The Electricity Act, 2003
h) The Requisitioning and Acquisition of Immovable Property Act, 1952
i) The Resettlement of Displaced Persons (Land Acquisition) Act, 1948
j) The Metro Railways (Construction of Works) Act, 1978
k) The Coal Bearing Areas Acquisition and Development Act, 1957
l) The National Highways Act, 1956
m) The Land Acquisition (Mines) Act, 1885
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into effect on 1 January 2014. The Bill related to this was passed by the Parliament in 2013
• The act seeks to provide just and fair compensation to farmers while ensuring that no land can be acquired forcibly
• The Act also stipulates mandatory consent of at least 70 per cent for acquiring land for Public Private Partnership (PPP) projects and 80 per cent for acquiring land for private companies.
• The Act, which replaced Land Acquisition Act, 1894 made it mandatory compensation that is up to four times the market value in rural areas and two times the market value in urban areas.