PRESENTATION
ON
RFCTLAR&R ACT, 2013
BY
DR. RAJWINDER SINGH BANSAL
Introduction
Land Acquisition-It is the forcible take over of privately owned land by the
government for public purpose.
Land is acquired for Government project, public-private partnership project and
private project. It includes defence projects, infrastructure projects and projects
related to housing for poor etc.
First land acquisition legislation enacted by British government in 1824 applicable
only to Bengal
In 1850 it was extended to Calcutta
Acts passed in Bombay and Calcutta in 1839 and 1852
In 1857 British enacted legislation which applies to the rest of provinces.
In 1861 it was amended and subsequently led to enactment of 1870.
It was replaced by 1894 Act.
After India gained independence it adopted 1894 Act
Introduction & Need for a new Act
Land is a scarce natural resources
Article 300 (A) of the Constitution says no person can be
deprived of his property save by authority of law. Land Acquisition
Act fulfils the constitutional obligation.
LA Act 1894 was 120 year old.
Absence of cohesive national law that address fair compensation,
rehabilitation and resettlement to the land owner
Absence of provision to address the issues directly affected from
the loss of livelihood
Absence of proper mechanism for arriving market value of land
Absence of provision for weaker sections of the society (Sec. 41)
Salient features of RFCTLAR&R Act 2013
First time provision of Social Impact Assessment Study for proposed
projects prior to Preliminary Notification.
Recognize non owners as Affected Families like Share Croppers,
Tenants and Agricultural Labourers
A mode of Acquisition requiring consent of displaced persons ( for
private companies 80% and for PPP projects 70%)
Statutory rehabilitation and resettlement entitlements for the
project affected families
Restricted the grounds on which land may be acquired under the
urgency clause
Recognition of principle of Social cost minimisation
Special Provision for food security U/S 10 of the Act.
Return of land to Land Bank/Original Owners as per section 101 of
the Act.
Important Provisions of the RFCTLAR&R Act 2013
Activities Provision under Timeline
Section
Preparation of SIA Section 4 Within 6 months from Notification
Preliminary Notification Section 11 Within 1 year from submission of Expert
Group Report and Specific proposal by
Collector
Declaration of Notification Section 19 Within 1 Year from section 11
Notification
Notice to Persons interested Section 21 Within 6 months
Enquiry and Award Section 23
Power to take Possession Section 38 Within 6 months after the payment of
full compensation and R&R
entitlements
Special Provisions for SCs and STs Section 41
Reference to LARR Authority Section 64 With a period of 30 days from the date
of receipt of application by the Collector
Return of land to Land Section 101 If the land is unutilized for a period of 5
Bank/Original Owners year s from the date of taking over
possession
Difference between Old and New Act
OLD ACT NEW ACT
No detailed procedure for First Schedule contains the details
calculation of compensation. Only of calculation of compensation
market value taken into account.
No separate chapter on R&R A separate Chapter V on R&R. It
provides Rehabilitation and
Resettlement entitlements to the
displaced and affected persons
No separate provision for SCs and Section 41 says for Special
STs provision for SCs and STs
No such special Provision for Provision for ensuring food
ensuring food security security, U/S 10 of the Act.
Difference between Old and New Act
OLD ACT NEW ACT
No concept of SIA Study Under Section 4 SIA study is
mandatory
Separate provision for private No such separate provision for
companies (Chapter VII) private companies. Concept of
Direct purchase under Section 46
and Sub section 3 of Section 2 of
the Act.
The procedure for acquisition After a detail SIA study and
involves sending of notification by Expert Group Appraisal Collector
the District Collector and invitation can send preliminary notification
of objection ( Section 4 & Section 5) under Section 11
Step by Step Procedure followed for Land Acquisition
as per RFCTLAR&R Act , 2013
Requisitioning Authority submit Proposal for Land Acquisition
to Collector
Collector sends Proposal to NCDS for SIA Study
NCDS prepare ToR and Estimate for conducting the SIA Study
and intimate to Collector
Requisitioning Authority Deposit the money with NCDS
NCDS select Agency and request Government for Notification
U/S 4 of the Act to conduct SIA study
SIA study by NCDS and publication in the locality
Cont….
Formation of Expert group by Collector and Conducting of
Gram Sabha
Collector to submit Specific proposal and Expert Group
Recommendation to Govt.
Notification by the Government U/S 8(2) and publication in
the locality
Preliminary Notification U/S 11(1) of the Act for Acquisition
Objection hearing U/S 15 of the Act
Declaration U/S 19(1), after verifying the Sanction Estimate,
Fund certificate, R&R Certificate and no objection certificate
Notice to Awardees U/S -21 and Payment of compensation
U/S 23 of the Act
Power to take possession U/S 38 of the Act
Challenges
Timely completion of SIA study.
Conducting Gram Sabha and getting people consent.
Calculation of Market Value of land.
Identifying the Affected Families.
Litigation due to inheritance.
Multiple sales which have not been properly recorded.
Tough Resettlement and Rehabilitation laws.
More need of land for Make In India and Smart Cities.
Land Record updation.
Way Ahead
• Complete digitization and real time updation of land
records.
• Using of latest technology in revenue offices for land record
updation.
• Assurance of stable high speed internet connectivity for
real time land records updation.
• Rent Abatement and Revision of Records in a time bound
manner
• Effective Re&R Mechanism
Thank You
